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Texas Insurance Code Chapter 6001 Fire Extinguisher Service and Installation (formerly Article 5.43-1) and 28 TAC §§ 34.500 The Fire Extinguisher Rules Texas Department of Insurance State Fire Marshal’s Office P. O. Box 149221 Austin, Texas 78714-9221 (512)-676-6800 Additional copies of this booklet, along with forms and applications, are available at our web site. http://www.tdi.texas.gov/fire/fmli.html Summer 2016
29

Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

Mar 13, 2018

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Page 1: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

Texas Insurance Code Chapter 6001

Fire Extinguisher Service and Installation

(formerly Article 543-1)

and 28 TAC sectsect 34500

The Fire Extinguisher Rules

Texas Department of Insurance State Fire Marshalrsquos Office

P O Box 149221 Austin Texas 78714-9221

(512)-676-6800 Additional copies of this booklet along with forms and applications are available at our web site

httpwwwtditexasgovfirefmlihtml

Summer 2016

TEXAS INSURANCE CODE TITLE 20 REGULATION OF OTHER OCCUPATIONS

CHAPTER 6001 FIRE EXTINGUISHER SERVICE AND INSTALLATION

Subchapter A General Provisions Section 6001001 Purpose 3 Section 6001002 Definitions 3

Subchapter B Powers and Duties of Commissioner Department and State Fire Marshal

Section 6001051 Administration of Chapter 3 Section 6001052 Adoption of Rules3 Section 6001053 Rules Restricting Advertising or Competitive Bidding 4 Section 6001054 General Powers and Duties of Department4 Section 6001055 Fees 4 Section 6001056 Deposit in Operating Account 5

Subchapter D Registration License and Permit Requirements Section 6001151 Firm Registration Certificate Required 5 Section 6001152 Branch Office Registration Certificate Required 5 Section 6001153 Hydrostatic Testing Registration Certificate Required 5 Section 6001154 Required Insurance Coverage for Registration Certificate 5 Section 6001155 Employee License Required6 Section 6001156 Activities Not Regulated by Chapter 6 Section 6001157 License Examination 7 Section 6001158 Examination Results 7 Section 6001159 Continuing Education Requirements 7 Section 6001160 Reciprocal License7 Section 6001161 Apprentice Permit Required 7 Section 6001162 Not Transferable 7

Subchapter E Renewal of Registration License or Permit Section 6001201 Renewal Required Fee8 Section 6001202 Notice of Expiration 8 Section 6001203 Renewal Procedures 8

Subchapter F Prohibited Practices and Disciplinary Procedures Section 6001251 Prohibited Practices 8 Section 6001252 Disciplinary Actions 9 Section 6001253 Disciplinary Hearing 9 Section 6001254 Reapplication Requirements 9 Section 6001255 Reexamination After Revocation 9

Subchapter G Criminal Penalty

Section 6001301 Criminal Penalty10

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 1 of 26

TEXAS ADMINISTRATIVE CODE TITLE 28 INSURANCE

Part I Texas Department of Insurance Chapter 34 State Fire Marshal

Subchapter E Fire Extinguisher Rules

28 TAC sectsect 34501-34525

Section 34501 Purpose 11

Section 34502 Title 11

Section 34503 Applicability of Subchapter 11

Section 34504 Exceptions 11

Section 34505 Notices 11

Section 34506 Definitions 11

Section 34507 Adopted Standards 12

Section 34508 Approved Testing Laboratories 12

Section 34509 Approved Certification Organization 13

Section 34510 Certificates of Registration 13

Section 34511 Fire Extinguisher Licenses 14

Section 34512 Apprentice Permit 15

Section 34513 Alteration of Certificates Licenses or Permits 15

Section 34514 Applications 15

Section 34515 Fees 17

Section 34516 Tests 17

Section 34517 Installation and Service 18

Section 34518 Fire Extinguisher Fixed System Plans for Other Than

Pre-engineered Systems 19

Section 34519 Installation Labels for Fixed Extinguisher Systems 20

Section 34520 Service Tags 22

Section 34521 Red Tags 23

Section 34522 Severability 25

Section 34523 Savings Clause 25

Section 34524 Military Service Members Military Veterans or Military Spouseshellip25

Section 34525 Yellow Tags 25

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 2 of 26

Sections amended September 1 2013 are marked with a vertical line in the margin

TEXAS INSURANCE CODE TITLE 20 REGULATION OF OTHER OCCUPATIONS

CHAPTER 6001 FIRE EXTINGUISHER SERVICE AND INSTALLATION SUBCHAPTER A GENERAL PROVISIONS

Sec 6001001 PURPOSE The purpose of this chapter is to safeguard lives and property by

(1) regulating (A) the leasing selling installing and servicing of portable fire extinguishers and (B) the planning certifying installing and servicing of fixed fire extinguisher systems and

(2) prohibiting portable fire extinguishers fixed fire extinguisher systems or extinguisher equipment that is not listed by a testing laboratory approved by the department

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Added by Acts 2013 83th Leg RS eff September 1 2013

Sec 6001002 DEFINITIONS In this chapter

(1) Firm means an individual partnership corporation or association (2) Fixed fire extinguisher system means an assembly of piping conduits or containers that convey

liquid powder or gases to dispersal openings or devices protecting one or more hazards by suppressing or extinguishing fires

(3) Hydrostatic testing means pressure testing by hydrostatic methods (4) Insurance agent means

(A) an individual firm or corporation licensed under (i) Subchapter E Chapter 981 or (ii) Subchapter A B C D E or G Chapter 4051 or

(B) an individual authorized to represent an insurance fund or pool created by a municipality county or other political subdivision of this state under Chapter 791 Government Code

(5) Portable fire extinguisher means any device that contains liquid powder or gases for suppressing or extinguishing fires

(5-a) ldquoPortable fire extinguisher inspectionrdquo means a monthly inspection to ensure that a portable fire extinguisher

(A) is in the extinguisherrsquos designated location (B) has not been actuated or subject to tampering and (C) does not have any obvious physical damage or another condition that may prevent proper operation

of the extinguisher (6) Registered firm means a firm that holds a registration certificate (7) Service and servicing mean servicing a portable fire extinguisher or a fixed fire extinguisher system

by charging filling maintaining recharging refilling repairing or testing

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Added by Acts 2011 82nd Leg RS Sec 1 eff September 1 2011

SUBCHAPTER B POWERS AND DUTIES OF COMMISSIONER DEPARTM ENT AND STATE FIRE M ARSHAL

Sec 6001051 ADM INISTRATION OF CHAPTER (a) The department shall administer this chapter (b) The commissioner may issue rules the commissioner considers necessary to administer this chapter

through the state fire marshal

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001052 ADOPTION OF RULES (a) In adopting necessary rules the commissioner may use recognized standards including standards

(1) published by the National Fire Protection Association

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 3 of 26

(2) recognized by federal law or regulation (3) published by any nationally recognized standards-making organization or (4) contained in the manufacturers installation manuals

(b) The commissioner shall adopt and administer rules determined essentially necessary for the protection and preservation of life and property regarding

(1) registration of firms engaged in the business of (A) installing or servicing portable fire extinguishers or planning certifying installing or servicing

fixed fire extinguisher systems or (B) hydrostatic testing of fire extinguisher cylinders

(2) the examination and licensing of individuals to (A) install or service portable fire extinguishers and (B) plan certify install or service fixed fire extinguisher systems and

(3) requirements for (A) installing or servicing portable fire extinguishers and (B) planning certifying installing or servicing fixed fire extinguisher systems

(c) The commissioner by rule shall prescribe requirements for applications and qualifications for licenses permits and certificates issued under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001053 RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING (a) The commissioner may not adopt rules restricting advertising or competitive bidding by the holder of a

license permit certificate or approval issued under this chapter except to prohibit false misleading or deceptive practices

(b) In the commissioners rules to prohibit false misleading or deceptive practices the commissioner may not include a rule that

(1) restricts the use of any medium for advertising (2) restricts the use of a license permit certificate or approval holders personal appearance or voice in

an advertisement (3) relates to the size or duration of an advertisement by the license permit certificate or approval holder

or (4) restricts the license permit certificate or approval holders advertisement under a trade name

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001054 GENERAL POWERS AND DUTIES OF DEPARTMENT (a) The department shall evaluate the qualifications of a firm

(1) applying for a registration certificate to engage in the business of installing or servicing portable fire extinguishers or planning certifying installing or servicing fixed fire extinguisher sys tems or

(2) seeking approval as a testing laboratory (b) The department shall issue

(1) registration certificates for firms that qualify under commissioner rules to engage in the business of installing or servicing portable fire extinguishers or planning certifying installing or servicing fixed fire extinguisher systems and

(2) licenses apprentice permits and authorizations to perform hydrostatic testing to firms or individuals that qualify

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001055 FEES (a) The commissioner shall set the fee for

(1) an initial firm registration certificate in an amount not to exceed $450 (2) the renewal of a firm registration certificate in an amount not to exceed $300 annually (3) an initial branch office registration certificate in an amount not to exceed $100 (4) the renewal of a branch office registration certificate in an amount not to exceed $100 annually (5) an initial registration certificate to perform hydrostatic testing of fire extinguishers manufactured in

accordance with the specifications and procedures of the United States Department of Transportation in an amount not to exceed $250

(6) the renewal of a registration certificate to perform hydrostatic testing of fire extinguishers manufactured in accordance with the specifications and procedures of the United States Department of Transportation in an amount not to exceed $150 annually

(7) an initial employee license fee in an amount not to exceed $70

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 4 of 26

(8) the annual renewal of an employee license in an amount not to exceed $50 and (9) an apprentice permit in an amount not to exceed $30

(b) Unless the examination or reexamination for an employee license is administered by a testing service the commissioner shall set a nonrefundable fee for

(1) the initial examination in an amount not to exceed $30 and (2) each reexamination in an amount not to exceed $20

(c) The commissioner shall set a fee in an amount not to exceed $20 for (1) a duplicate registration certificate license or apprentice permit issued under this chapter or (2) any request requiring changes to a registration certificate license or permit

(d) On a change of ownership of a registered firm the department shall issue a new registration certificate with a new number for a fee set by the commissioner in an amount not to exceed $450 On a change of ownership of a branch office the commissioner shall charge a fee in an amount not to exceed $100

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001056 DEPOSIT IN OPERATING ACCOUNT All money collected under this chapter other than penalties and monetary forfeitures shall be paid to the department and deposited in the state treasury to the credit of the Texas Department of Insurance operating account for use in administering this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER D REGISTRATION LICENSE AND PERM IT REQUIREMENTS

Sec 6001151 FIRM REGISTRATION CERTIFICATE REQUIRED Unless the firm holds a registration certificate issued by the department a firm may not engage in the business of

(1) installing or servicing portable fire extinguishers or (2) planning certifying installing or servicing fixed fire extinguisher systems

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001152 BRANCH OFFICE REGISTRATION CERTIFICATE REQUIRED (a) Each separate office location of a firm holding a registration certificate other than the location identified on

the firms certificate must have a branch office registration certificate issued by the department (b) Before issuing a branch office registration certificate the department must determine that the branch office

location is part of a registered firm

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001153 HYDROSTATIC TESTING REGISTRATION CERTIFICATE REQUIRED (a) A firm may not perform hydrostatic testing of fire extinguishers manufactured in accordance with the

specifications and procedures of the United States Department of Transportation unless the firm (1) complies with the procedures specified by that department for compressed gas cylinders and (2) holds a registration certificate issued by the state fire marshal authorizing hydrostatic testing

(b) The license of an individual qualified to do work described by Subsection (a) must indi cate the authority of the individual to perform that work

(c) Hydrostatic testing of fire extinguishers that is not performed under the specifications of the United States Department of Transportation must be performed in the manner recommended by the National Fire Protection Association

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001154 REQUIRED INSURANCE COVERAGE FOR REGISTRATION CERTIFICATE (a) The department may not issue a registration certificate und er this chapter unless the applicant files with the

department evidence of a general liability insurance policy that includes products and completed operations coverage The policy must be conditioned to pay on behalf of the insured those amounts that the insured becomes legally obligated to pay as damages because of bodily injury and property damage caused by an occurrence involving the insured or the insureds officer agent or employee in the conduct of any activity that requires a registration certificate or license under this chapter

(b) Unless the commissioner after notice and an opportunity for a hearing increases or decreases the limits the limits of insurance coverage required by Subsection (a) must be at least

(1) $100000 combined single limits for bodily injury and property damage for each occurrence and (2) $300000 aggregate for all occurrences for each policy year

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 5 of 26

(c) The evidence of insurance required by this section must be in the form of a certificate of insurance executed by an insurer authorized to engage in the business of insurance in this state and countersigned by an insurance agent licensed in this state A certificate of insurance for surplus lines coverage procured in compliance with Chapter 981 through a surplus lines agent that is licensed under Subchapter E Chapter 981 and resident in this state may be filed with the department as evidence of the coverage required by this section

(d) An insurance certificate executed and filed with the department under this section remains in force until the insurer has terminated future liability by the notice required by the department

(e) Failure to maintain the liability insurance required by this section constitutes grounds for the denial suspension or revocation after notice and opportunity for hearing of a registration certificate issued under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001155 EM PLOYEE LICENSE REQUIRED (a) Except as provided by Section 6001156 an individual other than an apprentice must hold a license issued

by the department before (1) installing or servicing portable fire extinguishers (2) installing servicing or certifying preengineered fixed fire extinguisher systems or (3) planning supervising servicing or certifying the installation of fixed fire extinguisher systems other

than preengineered systems (b) An individual who holds a license to install or service portable fire extinguishers or install and service fixed

fire extinguisher systems must be an employee or agent of a registered firm

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001156 ACTIVITIES NOT REGULATED BY CHAPTER (a) The licensing provisions of this chapter do not apply to

(1) the filling or charging of a portable fire extinguisher by the manufacturer before initial sale of the fire extinguisher

(2) the servicing by a firm of the firms portable fire extinguishers or fixed systems by the firms personnel who are specially trained for that servicing

(2-a) the inspection of a firmrsquos portable fire extinguisher by a person who is (A) specially trained to perform portable fire extinguisher inspections and (B) under contract with the firm for that purpose

(3) the installation of portable fire extinguishers in a building by the building owner the owners managing agent or an employee of the building owner or the owners managing agent

(4) the installation or servicing of water sprinkler systems installed in compliance with the National Fire Protection Associations Standards for the Installation of Sprinkler Systems

(5) a firm that is engaged in the retail or wholesale sale of portable fire extinguishers that carry the listing of a testing laboratory approved by the department but that is not engaged in the installation or servicing of those extinguishers

(6) a fire department that services portable fire extinguishers as a public service without charge if the members of the fire department are trained in the proper servicing of the fire extinguishers

(7) a firm that is a party to a contract under which (A) the installation of portable fire extinguishers or a fixed fire extinguisher system is performed und er

the direct supervision of and certified by a firm appropriately registered to install and certify portable extinguishers or fixed systems and

(B) the registered firm assumes full responsibility for the installation or (8) an engineer licensed under Chapter 1001 Occupations Code while acting solely in the engineers

professional capacity (b) Except as provided by Subsection (a) only the holder of a license or an apprentice permit issued under this

chapter may (1) install or service port able fire extinguishers or (2) install and maintain fixed fire extinguisher systems

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Added by Acts 2011 82nd Leg RS Sec 2 eff September 1 2011

Added by Acts 2013 83th Leg RS eff September 1 2013

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 6 of 26

Sec 6001157 LICENSE EXAM INATION (a) The state fire marshal shall

(1) establish the scope and type of an examination required by this chapter and (2) examine each applicant for a license under this chapter

(b) The state fire marshal may administer the examination or may enter into an agreement with a testing service

(c) If a testing service is used the state fire marshal may contract with the testing service regarding requirements for the examination including

(1) examination development (2) scheduling (3) site arrangements (4) grading (5) reporting (6) analysis or (7) other administrative duties

(d) The state fire marshal may require the testing service to (1) correspond directly with a license applicant regarding the administration of the examination (2) collect a reasonable fee from an applicant for administering the examination or (3) administer the examination at a specific location or time

(e) The state fire marshal shall adopt rules as necessary to implement examination requirements under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001158 EXAM INATION RESULTS (a) Not later than the 30th day after the date on which a licensing examination is administered under this

chapter the state fire marshal shall send notice to each examinee of the results of the examination (b) If an examination is conducted graded or reviewed by a testing service the state fire marshal shall send

notice to the examinees of the results of the examination not later than the 14th day after the date on which the state fire marshal receives the results from the testing service

(c) If the notice of the examination results will be delayed for more than 90 days after the examination date the state fire marshal before the 90th day shall send notice to the examinee of the reason for the delay

(d) The state fire marshal may require a testing service to n otify an examinee of the results of the examinees examination under Subsections (a) and (b)

(e) If requested in writing by an individual who fails the licensing examination administered under this chapter the state fire marshal shall send to the individual an analysis of the individuals performance on the examination

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001159 CONTINUING EDUCATION REQUIREMENTS (a) The commissioner may adopt procedures for certifying and may certify continuing education programs for

individuals licensed under this chapter (b) Participation in the continuing education programs is voluntary

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001160 RECIPROCAL LICENSE The department may waive any license requirement for an applicant who holds a license issued by another state that has license requirements substantially equivalent to the license requirements of this state

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001161 APPRENTICE PERMIT REQUIRED (a) An individual may not install or service portable fire extinguishers or fixed fire extinguisher systems as an

apprentice unless the individual holds an apprentice permit issued by the department (b) An apprentice may perform a service described by Subsection (a) only under the direct supervision of an

individual who holds a license issued under this chapter and who works for the same firm as the apprentice

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001162 NOT TRANSFERABLE A registration certificate license or permit issued under this chapter is not transferable

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 7 of 26

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER E RENEWAL OF REGISTRATION LICENSE OR PERMIT

Sec 6001201 RENEWAL REQUIRED FEE (a) A renewal of a registration certificate or license issued under this chapter is valid for a period of two

years The license or registration fee for each year of the two-year period is payable on renewal (b) An apprentice permit expires on the first anniversary of the date of issuance (c) The commissioner by rule may adopt a system under which registration certificates licenses and permits

expire on various dates during the year For the year in which an expiration date of a registration certificate license or permit is less than one year from its issuance or anniversary date the fee shall be prorated on a monthly basis so that each holder of a registration certificate license or permit pays only that portion of the renewal fee that is allocable to the number of months during which the registration certificate license or permit is valid On each subsequent renewal the total renewal fee is payable

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001202 NOTICE OF EXPIRATION At least 30 days before the expiration date of a registration certificate or license the state fire marshal shall send written notice of the impending expiration to the holder of the registration certificate or license at the holders last known address

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001203 RENEWAL PROCEDURES (a) The holder of an unexpired registration certificate or license may renew the certificate or license by paying

the required renewal fee to the department before the expiration date of the certificate or license (b) A firm or individual whose registration certificate or license has been expired for 90 days or less may renew

the certificate or license by paying to the department (1) the required renewal fee and (2) a fee equal to one-half of the initial fee for the certificate or license

(c) A firm or individual whose registration certificate or license has been expired for more than 90 days but less than two years may renew the certificate or license by paying to the department

(1) all unpaid renewal fees and (2) a fee that is equal to the initial fee for the certificate or license

(d) A firm or individual whose registration certificate or license has been expired for two years or longer may not renew the certificate or license The firm or individual may obtain a new registration certificate or license by complying with the requirements and procedures for obtaining an initial registration certificate or license

(e) This section may not be construed to prevent the department from denying or refusing to renew a license under applicable law or commissioner rules

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER F PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

Sec 6001251 PROHIBITED PRACTICES (a) An individual or firm may not

(1) engage in the business of installing or servicing portable fire extinguishers without holding a registration certificate

(2) engage in the business of planning certifying installing or servicing fixed fire extinguisher systems without holding a registration certificate

(3) install service or certify the servicing of portable fire extinguishers or plan certify service or install fixed fire extinguisher systems without holding a license

(4) perform hydrostatic testing of fire extinguisher cylinders manufactured in accordance with the specifications and requirements of the United States Department of Transportation without holding a hydrostatic testing registration certificate

(5) obtain or attempt to obtain a registration certificate or license by fraudulent representation (6) install or service portable fire extinguishers or plan certify service or install fixed fire extinguisher

systems in violation of this chapter or the rules adopted and administered under this chapter

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 8 of 26

(7) except as provided by Subsection (b) install service or hydrostatically test a fire extinguisher that does not have the proper identifying labels

(8) sell install service or recharge a carbon tetrachloride fire extinguisher or (9) except as provided by Subsection (b) lease sell service or install a portable fire extinguisher a fixed

fire extinguisher system or extinguisher equipment unless it carries an approval label or listing lab el issued by a testing laboratory approved by the department

(b) The commissioner by rule shall permit an individual or firm to service a portable fire extinguisher regardless of whether the extinguisher carries a label described by Subsection (a)

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001252 DISCIPLINARY ACTIONS (a) The state fire marshal may suspend revoke or refuse to issue or renew a registration certificate license

or permit if after notice and hearing the state fire marshal finds that the applicant registrant license holder or permit holder has engaged in acts that

(1) violate this chapter (2) violate rules or standards adopted under this chapter or (3) constitute misrepresentation made in connection with

(A) the sale of products or (B) services rendered

(b) Subject to Section 6001253 the commissioner may suspend revoke or refuse to issue or renew a certificate license permit or approval

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001253 DISCIPLINARY HEARING (a) If the state fire marshal proposes to suspend revoke or refuse to renew a license permit certificate or

approval issued under this chapter the holder of the license permit certificate or approval is entitled to a hearing conducted by the State Office of Administrative Hearings

(b) Proceedings for a disciplinary action are governed by Chapter 2001 Government Code (c) Rules of practice adopted by the commissioner applicable to the proceedings for a disciplinary action may

not conflict with rules adopted by the State Office of Administrative Hearings

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001254 REAPPLICATION REQUIREM ENTS (a) An applicant or holder of a registration certificate license or permit whose certificate license or permit has

been refused or revoked under this chapter other than for failure to pass a required written exam ination may not file another application for a registration certificate license or permit before the first anniversary of the effective date of the refusal or revocation

(b) After the first anniversary of the effective date of the refusal or revocation the applicant may (1) reapply and (2) in a public hearing show good cause why the issuance of the registration certificate license or permit

is not against the public safety and welfare

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J 001 eff April 1 2009

Sec 6001255 REEXAMINATION AFTER REVOCATION An individual whose license to service portable fire extinguishers or to install or service fixed fire extinguisher systems has been revoked must retake and pass the required written examination before a new license may be issued

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 9 of 26

SUBCHAPTER G CRIMINAL PENALTY

Sec 6001301 CRIMINAL PENALTY (a) A person commits an offense if the person knowingly violates Section 6001251(a) (b) An offense under this section is a Class B misdemeanor (c) Venue for an offense under this section is in Travis County or the county in which the offense is committed

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Texas Insurance Code Article 543-1 Fire E xti nguishers Acts 1971 62nd Leg p 1993 ch 616 eff June 4 1971 Amended by Acts 1975 64th Leg p 899 ch 335 sect 1 eff June 19 1975 Acts 1979 66th Leg p 903 ch 412 sect 1 eff Aug 27 1979 Acts 1981 67th Leg p 416 ch 175 sect 1 eff Sept 1 1981 Acts 198 3 68th Leg p 1091 ch 245 sectsect 1 to 3 eff May 27 1983 Acts 1983 68th Leg p 3934 ch 622 sectsect 24 47 eff Sept 1 1983 Acts 1987 70th Leg ch 267 sectsect 1 to 10 eff June 5 1987 Acts 1989 71st Leg ch 762 sectsect 1 2 4 to 8 21 eff June 15 1989 Acts 1989 71st Leg ch 7 62 sect 3 eff Sept 1 1989 Acts 1989 71st Leg ch 823 sectsect 1 to 3 eff June 14 1989 Acts 1991 72nd Leg ch 628 sectsect 11 12 eff Sept 1 1991 Acts 1997 75th Leg ch 1172 sectsect 401 to 404 414 eff Sept 1 1997 Acts 2001 77th Leg ch 2 35 sectsect 1 2 eff Sept 1 2001 Acts 2003 78th Leg ch 1014 sectsect 1 2 eff June 20 2003

Texas Insurance Code Chapter 6001 Fire E xtinguisher S ervice and Installatio n Re-codified with no nsubstantive changes HB2636 80th Leg Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009 Added by Acts 2011 82nd Leg R S Sec 1 eff September 1 2011 Added by Acts 2013 83rd Leg RS eff September 1 2013

Sections amended September 1 2013 are marked with a vertical line in the margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 10 of 26

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

TEXAS ADMINISTRATIVE CODE TITLE 28 TEXAS DEPARTMENT OF INSURANCE PART 1 TEXAS DEPARTMENT OF INSURANCE

CHAPTER 34 STATE FIRE M ARSHAL SUBCHAPTER E FIRE EXTINGUISHER AND INSTALLATION

28 TAC sectsect34501-34524

sect34501 Purpose The purpose of this subchapter is to regulate the business of leasing renting selling installing and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and to prohibit portable fire extinguishers fixed fire extinguisher systems and extinguis her equipment not listed by a testing laboratory approved by the commissioner in the interests of protecting and preserving lives and property under Insurance Code Chapter 6001

sect34502 Title These sections of this subchapter shall be known and may be cited as the extinguisher rules and shall be administered by and through the state fire marshal

sect34503 Applicability of Subchapter This subchapter shall apply to all firms and persons engaged in the business of leasing renting selling installi ng and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and not to the general public

sect34504 Exceptions The exceptions of Insurance Code sect6001156 are applicable to the sections of this subchapter

sect34505 Notices Notice by the state fire marshal and required by any provisions of the statutes or of this subchapter must be given by personal service or mailed postage prepaid to the persons residence or business address as it appears on the records in the Office of the State Fire Marshal

sect34506 Definitions The following words and terms when used in this subchapter have the following meanings unless the context clearly indicates otherwise

(1) Apprentice--A person to whom a permit has been issued by the state fire marshal to perform various acts of service or installation while under the direct supervision of a person working for the same firm and holding a valid fire extinguisher service license to perform such acts

(2) Business--The planning certifying installing leasing renting selling or servicing of portable fire extinguishers or fixed fire extinguisher systems

(3) Certificate--The certificate of registration issued by the state fire m arshal (4) Certify--To attest to the proper planning installing or servicing of portables and systems by attaching a

completed service tag or other form required by a governmental authority (5) Commissioner--The commissioner of insurance (6) Department--The Texas Department of Insurance (7) DOT Specification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured tested and

stamped with the specification number as required by the United States Department of Transportation (8) DOT Nonspecification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured and

tested but not stamped with a specification number as required by the United States Department of Transportation These cylinders may be marked by a label with the words Meets DOT Requirements

(9) Installation--The initial placement of a portable or fixed fire extinguisher system or an extension or alteration after initial placement

(10) License--The license issued by the state fire marshal to an employee of a registered firm

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 11 of 26

(11) NFPA--The National Fire Protection Association Inc a nationally recognized standards -making organization

(12) NICET--National Institute for Certification in Engineering Technologies (13) Outsource testing service--The testing service selected by the state fire marshal to administer certain

designated qualifying tests for licenses under this subchapter (14) Person--A natural person (15) Plan--To lay out detail draw calculate devise or arrang e an assembly of detection or suppression

devices and appurtenances in accordance with either fire protection standards adopted in this subchapter or specifications specially designed by a Texas registered professional engineer acting solely in his profess ional capacity

(16) Registered firm--A person partnership corporation or association holding a current certificate of registration

(17) Shop--A facility whether at a specific location or in a mobile unit of a registered firm where servicing repairing or hydrostatic testing is performed and where parts and equipment which are required by this subchapter or in the adopted standards are maintained

(18) Test--The act of subjecting a portable or fixed system to any procedure necessary to det ermine whether it is properly installed or operates correctly

(19) Direct supervision--The oversight by a licensee of the services performed by another licensee or permittee The licensee performing the direct supervision at the shop must be present at all times on the premises where the supervised licensee or permittee is performing the service When not at the shop the individual being supervised must be within sight of the licensee performing the direct supervision when installing or servicing portable fire extinguishers or pre-engineered fixed fire extinguisher systems The licensee performing the direct supervision of an engineered fixed fire extinguisher system is not required to be on -site at all times when the installation is performed

sect34507 Adopted Standards The commissioner adopts by reference in their entirety except as noted the following copyrighted standards and recommendations in this subchapter If a standard refers to a provision in a specific edition of another standard the provision is applicable only if it does not conflict with the adopted standard shown in this section The standards are published by and available from the National Fire Protection Association Inc (NFPA) Batterymarch Park Quincy Massachusetts 02269 A copy of the standards will be available for public inspection in the State Fire Marshals Office

(1) NFPA 10-2013 Standard for Portable Fire Extinguishers (2) NFPA 11-2010 Standard for Low- Medium- and High-Expansion Foam and Combined Agent Systems (3) NFPA 12-2011 Standard on Carbon Dioxide Extinguishing Systems (4) NFPA 12A-2009 Standard on Halon 1301 Fire Extinguishing Systems (5) NFPA 15-2012 Standard for Water Spray Fixed Systems for Fire Protection (6) NFPA 16-2011 Standard for the Installation of Foam-W ater Sprinkler and Foam-Water Spray Systems (7) NFPA 17-2013 Standard for Dry Chemical Extinguishing Systems (8) NFPA 17A-2013 Standard for Wet Chemical Extinguishing Systems (9) NFPA 18-2011 Standard on W etting Agents (10) NFPA 25-2014 Standard for the Inspection Testing and Maintenance of W ater-Based Fire Protection

Systems (11) NFPA 33-2011 Standard for Spray Application Using Flammable or Combustible Materials (12) NFPA 96-2014 Standard for Ventilation Control and Fire Protection of Commercial Cooking

Operations (13) NFPA 2001-2012 Standard on Clean Agent Fire Extinguishing Systems (14) NFPA 2010-2010 Standard for Fixed Aerosol Fire-Extinguishing Systems

sect34508 Approved Testing Laboratories The commissioner approves an organization as an approved testing laboratory which lists equipment and appurtenances for use in compliance with standards adopted in sect34507 of this title (relating to Adopted Standards) if the organization meets the requirem ents of an approved testing laboratory in accordance with Subchapter D of this title (relating to Testing Laboratory Rules)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 12 of 26

sect34509 Approved Certification Organization The commissioner approves the National Institute for Certification in Engineering Technologies (NICET) as a testing standards organization for testing license applicants

sect34510 Certificates of Registration (a) Required Each firm and each branch office engaged in the business must obtain a certificate of registration

from the state fire marshal (b) Properly equipped licensed person Before engaging in the business each registered firm must have at

least one licensed person who must be properly equipped to perform the act or acts authorized by its certificate (c) Types of certificates The business activity authorized by the certificate is limited to the business activity(ies)

authorized under the license of its employees A separate Type C registration is required to engage in the business of hydrostatic testing of US Department of Transportation (US DOT) specification fire extinguisher cylinders

(d) Business location Each registered firm must maintain a specific business location and the business location must be indicated on the certificate

(e) Shop A registered firm must establish and maintain a shop whether at a specific business location or in a mobile unit designed so that servicing repairing or hydrostatic testing can be performed The shop must be adequately equipped to service or test all fire extinguishers or systems the registered firm installs and services At a minimum a firm must maintain the following

(1) a copy of the most recently adopted edition of NFPA 10 (2) a copy of the most recently adopted Insurance Code Chapter 6001 and this chapter (3) a list of manufacturers or types of portable extinguishers serviced with their respective manuals or part

lists (4) portable scale to accurately measure extinguisher gross weights (5) seals or tamper indicators (6) temporary fire extinguishers replacements (7) if performing annual maintenance on carbon dioxide extinguishers at a minimum the following

additional items are required (A) conductivity tester and (B) conductivity test label

(8) if performing internal maintenance for portable extinguishers a written notice must be kept on file indicating the registered firm performing the maintenance or at a minimum the following additional items are required

(A) appropriate tools to remove and reinstall a valve head (B) charging adapters (C) Teflon tape silicone grease solvent or other lubricant used (D) supply of spare parts for respective manufacturers and type of fire extinguishers serviced (E) appropriate recharge agents (F) agent fill funnels (G) light designed to be used for internal inspections (H) dry chemical closed recovery system or sufficient new dry chemical (I) leak test equipment (J) dry nitrogen cylinders regulator and calibrated gauges for pressurizing cylinders (K) verification collar rings and (L) six-year maintenance labels

(9) if performing hydrostatic testing for portable extinguishers a written notice must be kept on file indicating the registered firm performing the test or at a minimum the following additional items are required

(A) working hydrostatic test pump with flexible connection check valves and fittings (B) protective cage or barrier (C) calibrated gauges (D) drying equipment (E) hydrostatic test log and (F) hydrostatic test labels

(10) if performing maintenance for US DOT specification portable fire extinguishers a written notice must be kept on file indicating the registered firm that would perform the hydrostatic test when required or at a minimum the following additional items are required

(A) a current Type C registration issued by the State Fire Marshals Office and (B) verification of registration through the US DOT

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 13 of 26

(11) if installing or servicing a fixed fire extinguisher system at a minimum the following additional items are required

(A) copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced

(B) applicable manufacturers service manuals for the type of system and (C) any special tools or parts as required by the manufacturers manual

(f) Business vehicles All vehicles used regularly in installation service maintenance testing or certification activities must prominently display the company name telephone number and certificate-of-registration number The numbers and letters must be at least one inch in height and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle The certificate-of-registration number must be designated in the following format TX ECR-number A business vehicle must be adequately equipped for the type of service that is being provided

(g) Branch office initial certificate of registration fees and expiration dates The initial fee for a branch office certificate of registration is $100 and is not prorated Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firms main office

(h) Change of ownership (1) The total change of a firms ownership invalidates the current certificate To assure continuance of the

business a new application for a new certificate should be submitted to the state fire marshal 14 days prior to such change

(2) A partial change in a firms ownership will require a revised certificate if it affects the firms name location or mailing address

(i) Change of corporate officers Any change of corporate officers must be reported in writing to the state fire marshal within 14 days This change does not require a revised certificate

(j) Duplicate certificates A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate The certificate holder must submit written notification of the loss or destruc tion without delay accompanied by the required fee

(k) Revised certificates The change of a firms name location or mailing address requires a revised certificate Within 14 days after the change requiring the revision the registered firm must subm it written notification of the necessary change accompanied by the required fee to the State Fire Marshals Office

(l) Nontransferable A certificate is neither temporarily nor permanently transferable from one firm to another (m) Initial alignment of the expiration and renewal dates of existing branches For branch offices in existence

as of the effective date of this rule branch office certificates of registration shall expire and renew on the same date as the certificate of registration issued to the main office for that firm All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration shall be prorated accordingly

sect34511 Fire Extinguisher Licenses (a) Types of licenses Each license must be identified by type which indicates the business activity authorized

under the license (1) Type PL--For the planning supervising certifying installing or servicing of all fixed systems other than

pre-engineered systems A system planning licensee may also perform supervise or certify the installation or servicing of all pre-engineered fixed systems and portable fire extinguishers

(2) Type A--For certifying or servicing the installation of all fixed fire extinguisher systems other than pre-engineered systems or for installing certifying or servicing of all pre-engineered fixed fire extinguisher systems and the certifying and servicing of portable extinguishers

(3) Type B--For the servicing certifying and low-pressure hydrostatic testing of portables (4) Type K--For installing certifying or servicing of pre-engineered fixed fire extinguisher systems for the

protection of cooking areas and the certifying and servicing of portable extinguishers (5) Type R--For installing certifying or servicing of pre -engineered fixed residential range top fire

extinguisher systems (b) Pocket license A licensee must carry a pocket license for identification while en gaged in the activities of the

business (c) Duplicate license A duplicate license must be obtained from the state fire marshal to replace a lost or

destroyed license The license holder or registered firm must submit written notification of the loss or destruction accompanied by the required fee

(d) Revised license The change of a licensees registered firm or mailing address requires a revised license Within 14 days after the change requiring the revision the license holder or registered firm must submit written notification of the necessary change accompanied by the required fee

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 14 of 26

(e) Restrictions (1) A licensee must not engage in any act of the business unless employed by a registered firm and holding

an unexpired license (2) A license is neither temporarily nor permanently transferable from one person to another (3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a

licensee (4) A Type A or Type K license will not be issued to an individual unless the individual has held an apprentice

permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state

(5) It will not be necessary for the applicant of a Type R license to hold an apprentice permit prior to the issuance of a Type R license

sect34512 Apprentice Permit (a) Pocket permit A permit holder must carry a pocket permit for identification while engaging in the business (b) Duplicate permit A duplicate permit must be obtained from the state fire marshal to replace a lost or

destroyed permit The permit holder and his employer must submit written notification of the loss or destruction without delay accompanied by the required fee

(c) Revised permits The change of a permittees employer home address or mailing address requires a revised permit Within 14 days after the change requiring the revision the permit holder or registered firm must submit written notification to the State Fire Marshals Office of the necessary change accompanied by the required fee

(d) Nontransferable A permit is neither temporarily nor permanently transferable from one person to another (e) Apprentice An individual holding a current apprentice permit may under the direct supervision of the

licensee assist in all respective services of the licensee however the licensee must sign all documents requiring the licensees signature

sect34513 Alteration of Certificates Licenses or Permits Alteration of such documents renders them invalid and is the basis for administrative act ion pursuant to Insurance Code sect6001252

sect34514 Applications (a) Certificates of registration

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the state fire marshals office

(2) Applications must be signed by the sole proprietor or by each partner of a partnership or by an officer of a corporation For corporations the application must be accompanied by the corporate charter of a Texas corporation or in the case of a foreign corporation a copy of the Texas certificate of authority to do business For applicants using an assumed name the application must be accompanied by evidence of compliance with the Assumed Business or Professional Name Act Texas Business and Commerce Code Chapter 71 The application must also include written authorization by the applicant permitting the state fire marshal or the state fir e marshals representative to enter examine and inspect any premises building room or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6001 and this subchapter

(3) For corporations the application must also include the corporate taxpayer identification number the charter number and a copy of the corporations current franchise tax Certificate of Good Standing issued by the state comptrollers office

(4) Applications for Type C certificates must be accompanied by a copy of the US DOT letter registering the applicants facility and that issues a registration number to the facility

(5) The applicant must comply with the following requirements concerning liability insurance (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the

applicant files a proof of liability insurance with the State Fire Marshals Office The insurance must include products and completed operations coverage

(B) Each registered firm must maintain in force and on file in the State Fire Marshals Office the certificate of insurance as required

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 15 of 26

(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 16 of 26

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 2: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

TEXAS INSURANCE CODE TITLE 20 REGULATION OF OTHER OCCUPATIONS

CHAPTER 6001 FIRE EXTINGUISHER SERVICE AND INSTALLATION

Subchapter A General Provisions Section 6001001 Purpose 3 Section 6001002 Definitions 3

Subchapter B Powers and Duties of Commissioner Department and State Fire Marshal

Section 6001051 Administration of Chapter 3 Section 6001052 Adoption of Rules3 Section 6001053 Rules Restricting Advertising or Competitive Bidding 4 Section 6001054 General Powers and Duties of Department4 Section 6001055 Fees 4 Section 6001056 Deposit in Operating Account 5

Subchapter D Registration License and Permit Requirements Section 6001151 Firm Registration Certificate Required 5 Section 6001152 Branch Office Registration Certificate Required 5 Section 6001153 Hydrostatic Testing Registration Certificate Required 5 Section 6001154 Required Insurance Coverage for Registration Certificate 5 Section 6001155 Employee License Required6 Section 6001156 Activities Not Regulated by Chapter 6 Section 6001157 License Examination 7 Section 6001158 Examination Results 7 Section 6001159 Continuing Education Requirements 7 Section 6001160 Reciprocal License7 Section 6001161 Apprentice Permit Required 7 Section 6001162 Not Transferable 7

Subchapter E Renewal of Registration License or Permit Section 6001201 Renewal Required Fee8 Section 6001202 Notice of Expiration 8 Section 6001203 Renewal Procedures 8

Subchapter F Prohibited Practices and Disciplinary Procedures Section 6001251 Prohibited Practices 8 Section 6001252 Disciplinary Actions 9 Section 6001253 Disciplinary Hearing 9 Section 6001254 Reapplication Requirements 9 Section 6001255 Reexamination After Revocation 9

Subchapter G Criminal Penalty

Section 6001301 Criminal Penalty10

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 1 of 26

TEXAS ADMINISTRATIVE CODE TITLE 28 INSURANCE

Part I Texas Department of Insurance Chapter 34 State Fire Marshal

Subchapter E Fire Extinguisher Rules

28 TAC sectsect 34501-34525

Section 34501 Purpose 11

Section 34502 Title 11

Section 34503 Applicability of Subchapter 11

Section 34504 Exceptions 11

Section 34505 Notices 11

Section 34506 Definitions 11

Section 34507 Adopted Standards 12

Section 34508 Approved Testing Laboratories 12

Section 34509 Approved Certification Organization 13

Section 34510 Certificates of Registration 13

Section 34511 Fire Extinguisher Licenses 14

Section 34512 Apprentice Permit 15

Section 34513 Alteration of Certificates Licenses or Permits 15

Section 34514 Applications 15

Section 34515 Fees 17

Section 34516 Tests 17

Section 34517 Installation and Service 18

Section 34518 Fire Extinguisher Fixed System Plans for Other Than

Pre-engineered Systems 19

Section 34519 Installation Labels for Fixed Extinguisher Systems 20

Section 34520 Service Tags 22

Section 34521 Red Tags 23

Section 34522 Severability 25

Section 34523 Savings Clause 25

Section 34524 Military Service Members Military Veterans or Military Spouseshellip25

Section 34525 Yellow Tags 25

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 2 of 26

Sections amended September 1 2013 are marked with a vertical line in the margin

TEXAS INSURANCE CODE TITLE 20 REGULATION OF OTHER OCCUPATIONS

CHAPTER 6001 FIRE EXTINGUISHER SERVICE AND INSTALLATION SUBCHAPTER A GENERAL PROVISIONS

Sec 6001001 PURPOSE The purpose of this chapter is to safeguard lives and property by

(1) regulating (A) the leasing selling installing and servicing of portable fire extinguishers and (B) the planning certifying installing and servicing of fixed fire extinguisher systems and

(2) prohibiting portable fire extinguishers fixed fire extinguisher systems or extinguisher equipment that is not listed by a testing laboratory approved by the department

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Added by Acts 2013 83th Leg RS eff September 1 2013

Sec 6001002 DEFINITIONS In this chapter

(1) Firm means an individual partnership corporation or association (2) Fixed fire extinguisher system means an assembly of piping conduits or containers that convey

liquid powder or gases to dispersal openings or devices protecting one or more hazards by suppressing or extinguishing fires

(3) Hydrostatic testing means pressure testing by hydrostatic methods (4) Insurance agent means

(A) an individual firm or corporation licensed under (i) Subchapter E Chapter 981 or (ii) Subchapter A B C D E or G Chapter 4051 or

(B) an individual authorized to represent an insurance fund or pool created by a municipality county or other political subdivision of this state under Chapter 791 Government Code

(5) Portable fire extinguisher means any device that contains liquid powder or gases for suppressing or extinguishing fires

(5-a) ldquoPortable fire extinguisher inspectionrdquo means a monthly inspection to ensure that a portable fire extinguisher

(A) is in the extinguisherrsquos designated location (B) has not been actuated or subject to tampering and (C) does not have any obvious physical damage or another condition that may prevent proper operation

of the extinguisher (6) Registered firm means a firm that holds a registration certificate (7) Service and servicing mean servicing a portable fire extinguisher or a fixed fire extinguisher system

by charging filling maintaining recharging refilling repairing or testing

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Added by Acts 2011 82nd Leg RS Sec 1 eff September 1 2011

SUBCHAPTER B POWERS AND DUTIES OF COMMISSIONER DEPARTM ENT AND STATE FIRE M ARSHAL

Sec 6001051 ADM INISTRATION OF CHAPTER (a) The department shall administer this chapter (b) The commissioner may issue rules the commissioner considers necessary to administer this chapter

through the state fire marshal

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001052 ADOPTION OF RULES (a) In adopting necessary rules the commissioner may use recognized standards including standards

(1) published by the National Fire Protection Association

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 3 of 26

(2) recognized by federal law or regulation (3) published by any nationally recognized standards-making organization or (4) contained in the manufacturers installation manuals

(b) The commissioner shall adopt and administer rules determined essentially necessary for the protection and preservation of life and property regarding

(1) registration of firms engaged in the business of (A) installing or servicing portable fire extinguishers or planning certifying installing or servicing

fixed fire extinguisher systems or (B) hydrostatic testing of fire extinguisher cylinders

(2) the examination and licensing of individuals to (A) install or service portable fire extinguishers and (B) plan certify install or service fixed fire extinguisher systems and

(3) requirements for (A) installing or servicing portable fire extinguishers and (B) planning certifying installing or servicing fixed fire extinguisher systems

(c) The commissioner by rule shall prescribe requirements for applications and qualifications for licenses permits and certificates issued under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001053 RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING (a) The commissioner may not adopt rules restricting advertising or competitive bidding by the holder of a

license permit certificate or approval issued under this chapter except to prohibit false misleading or deceptive practices

(b) In the commissioners rules to prohibit false misleading or deceptive practices the commissioner may not include a rule that

(1) restricts the use of any medium for advertising (2) restricts the use of a license permit certificate or approval holders personal appearance or voice in

an advertisement (3) relates to the size or duration of an advertisement by the license permit certificate or approval holder

or (4) restricts the license permit certificate or approval holders advertisement under a trade name

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001054 GENERAL POWERS AND DUTIES OF DEPARTMENT (a) The department shall evaluate the qualifications of a firm

(1) applying for a registration certificate to engage in the business of installing or servicing portable fire extinguishers or planning certifying installing or servicing fixed fire extinguisher sys tems or

(2) seeking approval as a testing laboratory (b) The department shall issue

(1) registration certificates for firms that qualify under commissioner rules to engage in the business of installing or servicing portable fire extinguishers or planning certifying installing or servicing fixed fire extinguisher systems and

(2) licenses apprentice permits and authorizations to perform hydrostatic testing to firms or individuals that qualify

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001055 FEES (a) The commissioner shall set the fee for

(1) an initial firm registration certificate in an amount not to exceed $450 (2) the renewal of a firm registration certificate in an amount not to exceed $300 annually (3) an initial branch office registration certificate in an amount not to exceed $100 (4) the renewal of a branch office registration certificate in an amount not to exceed $100 annually (5) an initial registration certificate to perform hydrostatic testing of fire extinguishers manufactured in

accordance with the specifications and procedures of the United States Department of Transportation in an amount not to exceed $250

(6) the renewal of a registration certificate to perform hydrostatic testing of fire extinguishers manufactured in accordance with the specifications and procedures of the United States Department of Transportation in an amount not to exceed $150 annually

(7) an initial employee license fee in an amount not to exceed $70

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 4 of 26

(8) the annual renewal of an employee license in an amount not to exceed $50 and (9) an apprentice permit in an amount not to exceed $30

(b) Unless the examination or reexamination for an employee license is administered by a testing service the commissioner shall set a nonrefundable fee for

(1) the initial examination in an amount not to exceed $30 and (2) each reexamination in an amount not to exceed $20

(c) The commissioner shall set a fee in an amount not to exceed $20 for (1) a duplicate registration certificate license or apprentice permit issued under this chapter or (2) any request requiring changes to a registration certificate license or permit

(d) On a change of ownership of a registered firm the department shall issue a new registration certificate with a new number for a fee set by the commissioner in an amount not to exceed $450 On a change of ownership of a branch office the commissioner shall charge a fee in an amount not to exceed $100

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001056 DEPOSIT IN OPERATING ACCOUNT All money collected under this chapter other than penalties and monetary forfeitures shall be paid to the department and deposited in the state treasury to the credit of the Texas Department of Insurance operating account for use in administering this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER D REGISTRATION LICENSE AND PERM IT REQUIREMENTS

Sec 6001151 FIRM REGISTRATION CERTIFICATE REQUIRED Unless the firm holds a registration certificate issued by the department a firm may not engage in the business of

(1) installing or servicing portable fire extinguishers or (2) planning certifying installing or servicing fixed fire extinguisher systems

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001152 BRANCH OFFICE REGISTRATION CERTIFICATE REQUIRED (a) Each separate office location of a firm holding a registration certificate other than the location identified on

the firms certificate must have a branch office registration certificate issued by the department (b) Before issuing a branch office registration certificate the department must determine that the branch office

location is part of a registered firm

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001153 HYDROSTATIC TESTING REGISTRATION CERTIFICATE REQUIRED (a) A firm may not perform hydrostatic testing of fire extinguishers manufactured in accordance with the

specifications and procedures of the United States Department of Transportation unless the firm (1) complies with the procedures specified by that department for compressed gas cylinders and (2) holds a registration certificate issued by the state fire marshal authorizing hydrostatic testing

(b) The license of an individual qualified to do work described by Subsection (a) must indi cate the authority of the individual to perform that work

(c) Hydrostatic testing of fire extinguishers that is not performed under the specifications of the United States Department of Transportation must be performed in the manner recommended by the National Fire Protection Association

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001154 REQUIRED INSURANCE COVERAGE FOR REGISTRATION CERTIFICATE (a) The department may not issue a registration certificate und er this chapter unless the applicant files with the

department evidence of a general liability insurance policy that includes products and completed operations coverage The policy must be conditioned to pay on behalf of the insured those amounts that the insured becomes legally obligated to pay as damages because of bodily injury and property damage caused by an occurrence involving the insured or the insureds officer agent or employee in the conduct of any activity that requires a registration certificate or license under this chapter

(b) Unless the commissioner after notice and an opportunity for a hearing increases or decreases the limits the limits of insurance coverage required by Subsection (a) must be at least

(1) $100000 combined single limits for bodily injury and property damage for each occurrence and (2) $300000 aggregate for all occurrences for each policy year

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 5 of 26

(c) The evidence of insurance required by this section must be in the form of a certificate of insurance executed by an insurer authorized to engage in the business of insurance in this state and countersigned by an insurance agent licensed in this state A certificate of insurance for surplus lines coverage procured in compliance with Chapter 981 through a surplus lines agent that is licensed under Subchapter E Chapter 981 and resident in this state may be filed with the department as evidence of the coverage required by this section

(d) An insurance certificate executed and filed with the department under this section remains in force until the insurer has terminated future liability by the notice required by the department

(e) Failure to maintain the liability insurance required by this section constitutes grounds for the denial suspension or revocation after notice and opportunity for hearing of a registration certificate issued under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001155 EM PLOYEE LICENSE REQUIRED (a) Except as provided by Section 6001156 an individual other than an apprentice must hold a license issued

by the department before (1) installing or servicing portable fire extinguishers (2) installing servicing or certifying preengineered fixed fire extinguisher systems or (3) planning supervising servicing or certifying the installation of fixed fire extinguisher systems other

than preengineered systems (b) An individual who holds a license to install or service portable fire extinguishers or install and service fixed

fire extinguisher systems must be an employee or agent of a registered firm

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001156 ACTIVITIES NOT REGULATED BY CHAPTER (a) The licensing provisions of this chapter do not apply to

(1) the filling or charging of a portable fire extinguisher by the manufacturer before initial sale of the fire extinguisher

(2) the servicing by a firm of the firms portable fire extinguishers or fixed systems by the firms personnel who are specially trained for that servicing

(2-a) the inspection of a firmrsquos portable fire extinguisher by a person who is (A) specially trained to perform portable fire extinguisher inspections and (B) under contract with the firm for that purpose

(3) the installation of portable fire extinguishers in a building by the building owner the owners managing agent or an employee of the building owner or the owners managing agent

(4) the installation or servicing of water sprinkler systems installed in compliance with the National Fire Protection Associations Standards for the Installation of Sprinkler Systems

(5) a firm that is engaged in the retail or wholesale sale of portable fire extinguishers that carry the listing of a testing laboratory approved by the department but that is not engaged in the installation or servicing of those extinguishers

(6) a fire department that services portable fire extinguishers as a public service without charge if the members of the fire department are trained in the proper servicing of the fire extinguishers

(7) a firm that is a party to a contract under which (A) the installation of portable fire extinguishers or a fixed fire extinguisher system is performed und er

the direct supervision of and certified by a firm appropriately registered to install and certify portable extinguishers or fixed systems and

(B) the registered firm assumes full responsibility for the installation or (8) an engineer licensed under Chapter 1001 Occupations Code while acting solely in the engineers

professional capacity (b) Except as provided by Subsection (a) only the holder of a license or an apprentice permit issued under this

chapter may (1) install or service port able fire extinguishers or (2) install and maintain fixed fire extinguisher systems

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Added by Acts 2011 82nd Leg RS Sec 2 eff September 1 2011

Added by Acts 2013 83th Leg RS eff September 1 2013

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 6 of 26

Sec 6001157 LICENSE EXAM INATION (a) The state fire marshal shall

(1) establish the scope and type of an examination required by this chapter and (2) examine each applicant for a license under this chapter

(b) The state fire marshal may administer the examination or may enter into an agreement with a testing service

(c) If a testing service is used the state fire marshal may contract with the testing service regarding requirements for the examination including

(1) examination development (2) scheduling (3) site arrangements (4) grading (5) reporting (6) analysis or (7) other administrative duties

(d) The state fire marshal may require the testing service to (1) correspond directly with a license applicant regarding the administration of the examination (2) collect a reasonable fee from an applicant for administering the examination or (3) administer the examination at a specific location or time

(e) The state fire marshal shall adopt rules as necessary to implement examination requirements under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001158 EXAM INATION RESULTS (a) Not later than the 30th day after the date on which a licensing examination is administered under this

chapter the state fire marshal shall send notice to each examinee of the results of the examination (b) If an examination is conducted graded or reviewed by a testing service the state fire marshal shall send

notice to the examinees of the results of the examination not later than the 14th day after the date on which the state fire marshal receives the results from the testing service

(c) If the notice of the examination results will be delayed for more than 90 days after the examination date the state fire marshal before the 90th day shall send notice to the examinee of the reason for the delay

(d) The state fire marshal may require a testing service to n otify an examinee of the results of the examinees examination under Subsections (a) and (b)

(e) If requested in writing by an individual who fails the licensing examination administered under this chapter the state fire marshal shall send to the individual an analysis of the individuals performance on the examination

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001159 CONTINUING EDUCATION REQUIREMENTS (a) The commissioner may adopt procedures for certifying and may certify continuing education programs for

individuals licensed under this chapter (b) Participation in the continuing education programs is voluntary

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001160 RECIPROCAL LICENSE The department may waive any license requirement for an applicant who holds a license issued by another state that has license requirements substantially equivalent to the license requirements of this state

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001161 APPRENTICE PERMIT REQUIRED (a) An individual may not install or service portable fire extinguishers or fixed fire extinguisher systems as an

apprentice unless the individual holds an apprentice permit issued by the department (b) An apprentice may perform a service described by Subsection (a) only under the direct supervision of an

individual who holds a license issued under this chapter and who works for the same firm as the apprentice

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001162 NOT TRANSFERABLE A registration certificate license or permit issued under this chapter is not transferable

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 7 of 26

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER E RENEWAL OF REGISTRATION LICENSE OR PERMIT

Sec 6001201 RENEWAL REQUIRED FEE (a) A renewal of a registration certificate or license issued under this chapter is valid for a period of two

years The license or registration fee for each year of the two-year period is payable on renewal (b) An apprentice permit expires on the first anniversary of the date of issuance (c) The commissioner by rule may adopt a system under which registration certificates licenses and permits

expire on various dates during the year For the year in which an expiration date of a registration certificate license or permit is less than one year from its issuance or anniversary date the fee shall be prorated on a monthly basis so that each holder of a registration certificate license or permit pays only that portion of the renewal fee that is allocable to the number of months during which the registration certificate license or permit is valid On each subsequent renewal the total renewal fee is payable

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001202 NOTICE OF EXPIRATION At least 30 days before the expiration date of a registration certificate or license the state fire marshal shall send written notice of the impending expiration to the holder of the registration certificate or license at the holders last known address

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001203 RENEWAL PROCEDURES (a) The holder of an unexpired registration certificate or license may renew the certificate or license by paying

the required renewal fee to the department before the expiration date of the certificate or license (b) A firm or individual whose registration certificate or license has been expired for 90 days or less may renew

the certificate or license by paying to the department (1) the required renewal fee and (2) a fee equal to one-half of the initial fee for the certificate or license

(c) A firm or individual whose registration certificate or license has been expired for more than 90 days but less than two years may renew the certificate or license by paying to the department

(1) all unpaid renewal fees and (2) a fee that is equal to the initial fee for the certificate or license

(d) A firm or individual whose registration certificate or license has been expired for two years or longer may not renew the certificate or license The firm or individual may obtain a new registration certificate or license by complying with the requirements and procedures for obtaining an initial registration certificate or license

(e) This section may not be construed to prevent the department from denying or refusing to renew a license under applicable law or commissioner rules

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER F PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

Sec 6001251 PROHIBITED PRACTICES (a) An individual or firm may not

(1) engage in the business of installing or servicing portable fire extinguishers without holding a registration certificate

(2) engage in the business of planning certifying installing or servicing fixed fire extinguisher systems without holding a registration certificate

(3) install service or certify the servicing of portable fire extinguishers or plan certify service or install fixed fire extinguisher systems without holding a license

(4) perform hydrostatic testing of fire extinguisher cylinders manufactured in accordance with the specifications and requirements of the United States Department of Transportation without holding a hydrostatic testing registration certificate

(5) obtain or attempt to obtain a registration certificate or license by fraudulent representation (6) install or service portable fire extinguishers or plan certify service or install fixed fire extinguisher

systems in violation of this chapter or the rules adopted and administered under this chapter

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 8 of 26

(7) except as provided by Subsection (b) install service or hydrostatically test a fire extinguisher that does not have the proper identifying labels

(8) sell install service or recharge a carbon tetrachloride fire extinguisher or (9) except as provided by Subsection (b) lease sell service or install a portable fire extinguisher a fixed

fire extinguisher system or extinguisher equipment unless it carries an approval label or listing lab el issued by a testing laboratory approved by the department

(b) The commissioner by rule shall permit an individual or firm to service a portable fire extinguisher regardless of whether the extinguisher carries a label described by Subsection (a)

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001252 DISCIPLINARY ACTIONS (a) The state fire marshal may suspend revoke or refuse to issue or renew a registration certificate license

or permit if after notice and hearing the state fire marshal finds that the applicant registrant license holder or permit holder has engaged in acts that

(1) violate this chapter (2) violate rules or standards adopted under this chapter or (3) constitute misrepresentation made in connection with

(A) the sale of products or (B) services rendered

(b) Subject to Section 6001253 the commissioner may suspend revoke or refuse to issue or renew a certificate license permit or approval

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001253 DISCIPLINARY HEARING (a) If the state fire marshal proposes to suspend revoke or refuse to renew a license permit certificate or

approval issued under this chapter the holder of the license permit certificate or approval is entitled to a hearing conducted by the State Office of Administrative Hearings

(b) Proceedings for a disciplinary action are governed by Chapter 2001 Government Code (c) Rules of practice adopted by the commissioner applicable to the proceedings for a disciplinary action may

not conflict with rules adopted by the State Office of Administrative Hearings

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001254 REAPPLICATION REQUIREM ENTS (a) An applicant or holder of a registration certificate license or permit whose certificate license or permit has

been refused or revoked under this chapter other than for failure to pass a required written exam ination may not file another application for a registration certificate license or permit before the first anniversary of the effective date of the refusal or revocation

(b) After the first anniversary of the effective date of the refusal or revocation the applicant may (1) reapply and (2) in a public hearing show good cause why the issuance of the registration certificate license or permit

is not against the public safety and welfare

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J 001 eff April 1 2009

Sec 6001255 REEXAMINATION AFTER REVOCATION An individual whose license to service portable fire extinguishers or to install or service fixed fire extinguisher systems has been revoked must retake and pass the required written examination before a new license may be issued

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 9 of 26

SUBCHAPTER G CRIMINAL PENALTY

Sec 6001301 CRIMINAL PENALTY (a) A person commits an offense if the person knowingly violates Section 6001251(a) (b) An offense under this section is a Class B misdemeanor (c) Venue for an offense under this section is in Travis County or the county in which the offense is committed

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Texas Insurance Code Article 543-1 Fire E xti nguishers Acts 1971 62nd Leg p 1993 ch 616 eff June 4 1971 Amended by Acts 1975 64th Leg p 899 ch 335 sect 1 eff June 19 1975 Acts 1979 66th Leg p 903 ch 412 sect 1 eff Aug 27 1979 Acts 1981 67th Leg p 416 ch 175 sect 1 eff Sept 1 1981 Acts 198 3 68th Leg p 1091 ch 245 sectsect 1 to 3 eff May 27 1983 Acts 1983 68th Leg p 3934 ch 622 sectsect 24 47 eff Sept 1 1983 Acts 1987 70th Leg ch 267 sectsect 1 to 10 eff June 5 1987 Acts 1989 71st Leg ch 762 sectsect 1 2 4 to 8 21 eff June 15 1989 Acts 1989 71st Leg ch 7 62 sect 3 eff Sept 1 1989 Acts 1989 71st Leg ch 823 sectsect 1 to 3 eff June 14 1989 Acts 1991 72nd Leg ch 628 sectsect 11 12 eff Sept 1 1991 Acts 1997 75th Leg ch 1172 sectsect 401 to 404 414 eff Sept 1 1997 Acts 2001 77th Leg ch 2 35 sectsect 1 2 eff Sept 1 2001 Acts 2003 78th Leg ch 1014 sectsect 1 2 eff June 20 2003

Texas Insurance Code Chapter 6001 Fire E xtinguisher S ervice and Installatio n Re-codified with no nsubstantive changes HB2636 80th Leg Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009 Added by Acts 2011 82nd Leg R S Sec 1 eff September 1 2011 Added by Acts 2013 83rd Leg RS eff September 1 2013

Sections amended September 1 2013 are marked with a vertical line in the margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 10 of 26

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

TEXAS ADMINISTRATIVE CODE TITLE 28 TEXAS DEPARTMENT OF INSURANCE PART 1 TEXAS DEPARTMENT OF INSURANCE

CHAPTER 34 STATE FIRE M ARSHAL SUBCHAPTER E FIRE EXTINGUISHER AND INSTALLATION

28 TAC sectsect34501-34524

sect34501 Purpose The purpose of this subchapter is to regulate the business of leasing renting selling installing and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and to prohibit portable fire extinguishers fixed fire extinguisher systems and extinguis her equipment not listed by a testing laboratory approved by the commissioner in the interests of protecting and preserving lives and property under Insurance Code Chapter 6001

sect34502 Title These sections of this subchapter shall be known and may be cited as the extinguisher rules and shall be administered by and through the state fire marshal

sect34503 Applicability of Subchapter This subchapter shall apply to all firms and persons engaged in the business of leasing renting selling installi ng and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and not to the general public

sect34504 Exceptions The exceptions of Insurance Code sect6001156 are applicable to the sections of this subchapter

sect34505 Notices Notice by the state fire marshal and required by any provisions of the statutes or of this subchapter must be given by personal service or mailed postage prepaid to the persons residence or business address as it appears on the records in the Office of the State Fire Marshal

sect34506 Definitions The following words and terms when used in this subchapter have the following meanings unless the context clearly indicates otherwise

(1) Apprentice--A person to whom a permit has been issued by the state fire marshal to perform various acts of service or installation while under the direct supervision of a person working for the same firm and holding a valid fire extinguisher service license to perform such acts

(2) Business--The planning certifying installing leasing renting selling or servicing of portable fire extinguishers or fixed fire extinguisher systems

(3) Certificate--The certificate of registration issued by the state fire m arshal (4) Certify--To attest to the proper planning installing or servicing of portables and systems by attaching a

completed service tag or other form required by a governmental authority (5) Commissioner--The commissioner of insurance (6) Department--The Texas Department of Insurance (7) DOT Specification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured tested and

stamped with the specification number as required by the United States Department of Transportation (8) DOT Nonspecification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured and

tested but not stamped with a specification number as required by the United States Department of Transportation These cylinders may be marked by a label with the words Meets DOT Requirements

(9) Installation--The initial placement of a portable or fixed fire extinguisher system or an extension or alteration after initial placement

(10) License--The license issued by the state fire marshal to an employee of a registered firm

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 11 of 26

(11) NFPA--The National Fire Protection Association Inc a nationally recognized standards -making organization

(12) NICET--National Institute for Certification in Engineering Technologies (13) Outsource testing service--The testing service selected by the state fire marshal to administer certain

designated qualifying tests for licenses under this subchapter (14) Person--A natural person (15) Plan--To lay out detail draw calculate devise or arrang e an assembly of detection or suppression

devices and appurtenances in accordance with either fire protection standards adopted in this subchapter or specifications specially designed by a Texas registered professional engineer acting solely in his profess ional capacity

(16) Registered firm--A person partnership corporation or association holding a current certificate of registration

(17) Shop--A facility whether at a specific location or in a mobile unit of a registered firm where servicing repairing or hydrostatic testing is performed and where parts and equipment which are required by this subchapter or in the adopted standards are maintained

(18) Test--The act of subjecting a portable or fixed system to any procedure necessary to det ermine whether it is properly installed or operates correctly

(19) Direct supervision--The oversight by a licensee of the services performed by another licensee or permittee The licensee performing the direct supervision at the shop must be present at all times on the premises where the supervised licensee or permittee is performing the service When not at the shop the individual being supervised must be within sight of the licensee performing the direct supervision when installing or servicing portable fire extinguishers or pre-engineered fixed fire extinguisher systems The licensee performing the direct supervision of an engineered fixed fire extinguisher system is not required to be on -site at all times when the installation is performed

sect34507 Adopted Standards The commissioner adopts by reference in their entirety except as noted the following copyrighted standards and recommendations in this subchapter If a standard refers to a provision in a specific edition of another standard the provision is applicable only if it does not conflict with the adopted standard shown in this section The standards are published by and available from the National Fire Protection Association Inc (NFPA) Batterymarch Park Quincy Massachusetts 02269 A copy of the standards will be available for public inspection in the State Fire Marshals Office

(1) NFPA 10-2013 Standard for Portable Fire Extinguishers (2) NFPA 11-2010 Standard for Low- Medium- and High-Expansion Foam and Combined Agent Systems (3) NFPA 12-2011 Standard on Carbon Dioxide Extinguishing Systems (4) NFPA 12A-2009 Standard on Halon 1301 Fire Extinguishing Systems (5) NFPA 15-2012 Standard for Water Spray Fixed Systems for Fire Protection (6) NFPA 16-2011 Standard for the Installation of Foam-W ater Sprinkler and Foam-Water Spray Systems (7) NFPA 17-2013 Standard for Dry Chemical Extinguishing Systems (8) NFPA 17A-2013 Standard for Wet Chemical Extinguishing Systems (9) NFPA 18-2011 Standard on W etting Agents (10) NFPA 25-2014 Standard for the Inspection Testing and Maintenance of W ater-Based Fire Protection

Systems (11) NFPA 33-2011 Standard for Spray Application Using Flammable or Combustible Materials (12) NFPA 96-2014 Standard for Ventilation Control and Fire Protection of Commercial Cooking

Operations (13) NFPA 2001-2012 Standard on Clean Agent Fire Extinguishing Systems (14) NFPA 2010-2010 Standard for Fixed Aerosol Fire-Extinguishing Systems

sect34508 Approved Testing Laboratories The commissioner approves an organization as an approved testing laboratory which lists equipment and appurtenances for use in compliance with standards adopted in sect34507 of this title (relating to Adopted Standards) if the organization meets the requirem ents of an approved testing laboratory in accordance with Subchapter D of this title (relating to Testing Laboratory Rules)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 12 of 26

sect34509 Approved Certification Organization The commissioner approves the National Institute for Certification in Engineering Technologies (NICET) as a testing standards organization for testing license applicants

sect34510 Certificates of Registration (a) Required Each firm and each branch office engaged in the business must obtain a certificate of registration

from the state fire marshal (b) Properly equipped licensed person Before engaging in the business each registered firm must have at

least one licensed person who must be properly equipped to perform the act or acts authorized by its certificate (c) Types of certificates The business activity authorized by the certificate is limited to the business activity(ies)

authorized under the license of its employees A separate Type C registration is required to engage in the business of hydrostatic testing of US Department of Transportation (US DOT) specification fire extinguisher cylinders

(d) Business location Each registered firm must maintain a specific business location and the business location must be indicated on the certificate

(e) Shop A registered firm must establish and maintain a shop whether at a specific business location or in a mobile unit designed so that servicing repairing or hydrostatic testing can be performed The shop must be adequately equipped to service or test all fire extinguishers or systems the registered firm installs and services At a minimum a firm must maintain the following

(1) a copy of the most recently adopted edition of NFPA 10 (2) a copy of the most recently adopted Insurance Code Chapter 6001 and this chapter (3) a list of manufacturers or types of portable extinguishers serviced with their respective manuals or part

lists (4) portable scale to accurately measure extinguisher gross weights (5) seals or tamper indicators (6) temporary fire extinguishers replacements (7) if performing annual maintenance on carbon dioxide extinguishers at a minimum the following

additional items are required (A) conductivity tester and (B) conductivity test label

(8) if performing internal maintenance for portable extinguishers a written notice must be kept on file indicating the registered firm performing the maintenance or at a minimum the following additional items are required

(A) appropriate tools to remove and reinstall a valve head (B) charging adapters (C) Teflon tape silicone grease solvent or other lubricant used (D) supply of spare parts for respective manufacturers and type of fire extinguishers serviced (E) appropriate recharge agents (F) agent fill funnels (G) light designed to be used for internal inspections (H) dry chemical closed recovery system or sufficient new dry chemical (I) leak test equipment (J) dry nitrogen cylinders regulator and calibrated gauges for pressurizing cylinders (K) verification collar rings and (L) six-year maintenance labels

(9) if performing hydrostatic testing for portable extinguishers a written notice must be kept on file indicating the registered firm performing the test or at a minimum the following additional items are required

(A) working hydrostatic test pump with flexible connection check valves and fittings (B) protective cage or barrier (C) calibrated gauges (D) drying equipment (E) hydrostatic test log and (F) hydrostatic test labels

(10) if performing maintenance for US DOT specification portable fire extinguishers a written notice must be kept on file indicating the registered firm that would perform the hydrostatic test when required or at a minimum the following additional items are required

(A) a current Type C registration issued by the State Fire Marshals Office and (B) verification of registration through the US DOT

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 13 of 26

(11) if installing or servicing a fixed fire extinguisher system at a minimum the following additional items are required

(A) copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced

(B) applicable manufacturers service manuals for the type of system and (C) any special tools or parts as required by the manufacturers manual

(f) Business vehicles All vehicles used regularly in installation service maintenance testing or certification activities must prominently display the company name telephone number and certificate-of-registration number The numbers and letters must be at least one inch in height and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle The certificate-of-registration number must be designated in the following format TX ECR-number A business vehicle must be adequately equipped for the type of service that is being provided

(g) Branch office initial certificate of registration fees and expiration dates The initial fee for a branch office certificate of registration is $100 and is not prorated Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firms main office

(h) Change of ownership (1) The total change of a firms ownership invalidates the current certificate To assure continuance of the

business a new application for a new certificate should be submitted to the state fire marshal 14 days prior to such change

(2) A partial change in a firms ownership will require a revised certificate if it affects the firms name location or mailing address

(i) Change of corporate officers Any change of corporate officers must be reported in writing to the state fire marshal within 14 days This change does not require a revised certificate

(j) Duplicate certificates A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate The certificate holder must submit written notification of the loss or destruc tion without delay accompanied by the required fee

(k) Revised certificates The change of a firms name location or mailing address requires a revised certificate Within 14 days after the change requiring the revision the registered firm must subm it written notification of the necessary change accompanied by the required fee to the State Fire Marshals Office

(l) Nontransferable A certificate is neither temporarily nor permanently transferable from one firm to another (m) Initial alignment of the expiration and renewal dates of existing branches For branch offices in existence

as of the effective date of this rule branch office certificates of registration shall expire and renew on the same date as the certificate of registration issued to the main office for that firm All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration shall be prorated accordingly

sect34511 Fire Extinguisher Licenses (a) Types of licenses Each license must be identified by type which indicates the business activity authorized

under the license (1) Type PL--For the planning supervising certifying installing or servicing of all fixed systems other than

pre-engineered systems A system planning licensee may also perform supervise or certify the installation or servicing of all pre-engineered fixed systems and portable fire extinguishers

(2) Type A--For certifying or servicing the installation of all fixed fire extinguisher systems other than pre-engineered systems or for installing certifying or servicing of all pre-engineered fixed fire extinguisher systems and the certifying and servicing of portable extinguishers

(3) Type B--For the servicing certifying and low-pressure hydrostatic testing of portables (4) Type K--For installing certifying or servicing of pre-engineered fixed fire extinguisher systems for the

protection of cooking areas and the certifying and servicing of portable extinguishers (5) Type R--For installing certifying or servicing of pre -engineered fixed residential range top fire

extinguisher systems (b) Pocket license A licensee must carry a pocket license for identification while en gaged in the activities of the

business (c) Duplicate license A duplicate license must be obtained from the state fire marshal to replace a lost or

destroyed license The license holder or registered firm must submit written notification of the loss or destruction accompanied by the required fee

(d) Revised license The change of a licensees registered firm or mailing address requires a revised license Within 14 days after the change requiring the revision the license holder or registered firm must submit written notification of the necessary change accompanied by the required fee

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 14 of 26

(e) Restrictions (1) A licensee must not engage in any act of the business unless employed by a registered firm and holding

an unexpired license (2) A license is neither temporarily nor permanently transferable from one person to another (3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a

licensee (4) A Type A or Type K license will not be issued to an individual unless the individual has held an apprentice

permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state

(5) It will not be necessary for the applicant of a Type R license to hold an apprentice permit prior to the issuance of a Type R license

sect34512 Apprentice Permit (a) Pocket permit A permit holder must carry a pocket permit for identification while engaging in the business (b) Duplicate permit A duplicate permit must be obtained from the state fire marshal to replace a lost or

destroyed permit The permit holder and his employer must submit written notification of the loss or destruction without delay accompanied by the required fee

(c) Revised permits The change of a permittees employer home address or mailing address requires a revised permit Within 14 days after the change requiring the revision the permit holder or registered firm must submit written notification to the State Fire Marshals Office of the necessary change accompanied by the required fee

(d) Nontransferable A permit is neither temporarily nor permanently transferable from one person to another (e) Apprentice An individual holding a current apprentice permit may under the direct supervision of the

licensee assist in all respective services of the licensee however the licensee must sign all documents requiring the licensees signature

sect34513 Alteration of Certificates Licenses or Permits Alteration of such documents renders them invalid and is the basis for administrative act ion pursuant to Insurance Code sect6001252

sect34514 Applications (a) Certificates of registration

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the state fire marshals office

(2) Applications must be signed by the sole proprietor or by each partner of a partnership or by an officer of a corporation For corporations the application must be accompanied by the corporate charter of a Texas corporation or in the case of a foreign corporation a copy of the Texas certificate of authority to do business For applicants using an assumed name the application must be accompanied by evidence of compliance with the Assumed Business or Professional Name Act Texas Business and Commerce Code Chapter 71 The application must also include written authorization by the applicant permitting the state fire marshal or the state fir e marshals representative to enter examine and inspect any premises building room or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6001 and this subchapter

(3) For corporations the application must also include the corporate taxpayer identification number the charter number and a copy of the corporations current franchise tax Certificate of Good Standing issued by the state comptrollers office

(4) Applications for Type C certificates must be accompanied by a copy of the US DOT letter registering the applicants facility and that issues a registration number to the facility

(5) The applicant must comply with the following requirements concerning liability insurance (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the

applicant files a proof of liability insurance with the State Fire Marshals Office The insurance must include products and completed operations coverage

(B) Each registered firm must maintain in force and on file in the State Fire Marshals Office the certificate of insurance as required

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 15 of 26

(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 16 of 26

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 3: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

TEXAS ADMINISTRATIVE CODE TITLE 28 INSURANCE

Part I Texas Department of Insurance Chapter 34 State Fire Marshal

Subchapter E Fire Extinguisher Rules

28 TAC sectsect 34501-34525

Section 34501 Purpose 11

Section 34502 Title 11

Section 34503 Applicability of Subchapter 11

Section 34504 Exceptions 11

Section 34505 Notices 11

Section 34506 Definitions 11

Section 34507 Adopted Standards 12

Section 34508 Approved Testing Laboratories 12

Section 34509 Approved Certification Organization 13

Section 34510 Certificates of Registration 13

Section 34511 Fire Extinguisher Licenses 14

Section 34512 Apprentice Permit 15

Section 34513 Alteration of Certificates Licenses or Permits 15

Section 34514 Applications 15

Section 34515 Fees 17

Section 34516 Tests 17

Section 34517 Installation and Service 18

Section 34518 Fire Extinguisher Fixed System Plans for Other Than

Pre-engineered Systems 19

Section 34519 Installation Labels for Fixed Extinguisher Systems 20

Section 34520 Service Tags 22

Section 34521 Red Tags 23

Section 34522 Severability 25

Section 34523 Savings Clause 25

Section 34524 Military Service Members Military Veterans or Military Spouseshellip25

Section 34525 Yellow Tags 25

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 2 of 26

Sections amended September 1 2013 are marked with a vertical line in the margin

TEXAS INSURANCE CODE TITLE 20 REGULATION OF OTHER OCCUPATIONS

CHAPTER 6001 FIRE EXTINGUISHER SERVICE AND INSTALLATION SUBCHAPTER A GENERAL PROVISIONS

Sec 6001001 PURPOSE The purpose of this chapter is to safeguard lives and property by

(1) regulating (A) the leasing selling installing and servicing of portable fire extinguishers and (B) the planning certifying installing and servicing of fixed fire extinguisher systems and

(2) prohibiting portable fire extinguishers fixed fire extinguisher systems or extinguisher equipment that is not listed by a testing laboratory approved by the department

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Added by Acts 2013 83th Leg RS eff September 1 2013

Sec 6001002 DEFINITIONS In this chapter

(1) Firm means an individual partnership corporation or association (2) Fixed fire extinguisher system means an assembly of piping conduits or containers that convey

liquid powder or gases to dispersal openings or devices protecting one or more hazards by suppressing or extinguishing fires

(3) Hydrostatic testing means pressure testing by hydrostatic methods (4) Insurance agent means

(A) an individual firm or corporation licensed under (i) Subchapter E Chapter 981 or (ii) Subchapter A B C D E or G Chapter 4051 or

(B) an individual authorized to represent an insurance fund or pool created by a municipality county or other political subdivision of this state under Chapter 791 Government Code

(5) Portable fire extinguisher means any device that contains liquid powder or gases for suppressing or extinguishing fires

(5-a) ldquoPortable fire extinguisher inspectionrdquo means a monthly inspection to ensure that a portable fire extinguisher

(A) is in the extinguisherrsquos designated location (B) has not been actuated or subject to tampering and (C) does not have any obvious physical damage or another condition that may prevent proper operation

of the extinguisher (6) Registered firm means a firm that holds a registration certificate (7) Service and servicing mean servicing a portable fire extinguisher or a fixed fire extinguisher system

by charging filling maintaining recharging refilling repairing or testing

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Added by Acts 2011 82nd Leg RS Sec 1 eff September 1 2011

SUBCHAPTER B POWERS AND DUTIES OF COMMISSIONER DEPARTM ENT AND STATE FIRE M ARSHAL

Sec 6001051 ADM INISTRATION OF CHAPTER (a) The department shall administer this chapter (b) The commissioner may issue rules the commissioner considers necessary to administer this chapter

through the state fire marshal

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001052 ADOPTION OF RULES (a) In adopting necessary rules the commissioner may use recognized standards including standards

(1) published by the National Fire Protection Association

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 3 of 26

(2) recognized by federal law or regulation (3) published by any nationally recognized standards-making organization or (4) contained in the manufacturers installation manuals

(b) The commissioner shall adopt and administer rules determined essentially necessary for the protection and preservation of life and property regarding

(1) registration of firms engaged in the business of (A) installing or servicing portable fire extinguishers or planning certifying installing or servicing

fixed fire extinguisher systems or (B) hydrostatic testing of fire extinguisher cylinders

(2) the examination and licensing of individuals to (A) install or service portable fire extinguishers and (B) plan certify install or service fixed fire extinguisher systems and

(3) requirements for (A) installing or servicing portable fire extinguishers and (B) planning certifying installing or servicing fixed fire extinguisher systems

(c) The commissioner by rule shall prescribe requirements for applications and qualifications for licenses permits and certificates issued under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001053 RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING (a) The commissioner may not adopt rules restricting advertising or competitive bidding by the holder of a

license permit certificate or approval issued under this chapter except to prohibit false misleading or deceptive practices

(b) In the commissioners rules to prohibit false misleading or deceptive practices the commissioner may not include a rule that

(1) restricts the use of any medium for advertising (2) restricts the use of a license permit certificate or approval holders personal appearance or voice in

an advertisement (3) relates to the size or duration of an advertisement by the license permit certificate or approval holder

or (4) restricts the license permit certificate or approval holders advertisement under a trade name

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001054 GENERAL POWERS AND DUTIES OF DEPARTMENT (a) The department shall evaluate the qualifications of a firm

(1) applying for a registration certificate to engage in the business of installing or servicing portable fire extinguishers or planning certifying installing or servicing fixed fire extinguisher sys tems or

(2) seeking approval as a testing laboratory (b) The department shall issue

(1) registration certificates for firms that qualify under commissioner rules to engage in the business of installing or servicing portable fire extinguishers or planning certifying installing or servicing fixed fire extinguisher systems and

(2) licenses apprentice permits and authorizations to perform hydrostatic testing to firms or individuals that qualify

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001055 FEES (a) The commissioner shall set the fee for

(1) an initial firm registration certificate in an amount not to exceed $450 (2) the renewal of a firm registration certificate in an amount not to exceed $300 annually (3) an initial branch office registration certificate in an amount not to exceed $100 (4) the renewal of a branch office registration certificate in an amount not to exceed $100 annually (5) an initial registration certificate to perform hydrostatic testing of fire extinguishers manufactured in

accordance with the specifications and procedures of the United States Department of Transportation in an amount not to exceed $250

(6) the renewal of a registration certificate to perform hydrostatic testing of fire extinguishers manufactured in accordance with the specifications and procedures of the United States Department of Transportation in an amount not to exceed $150 annually

(7) an initial employee license fee in an amount not to exceed $70

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 4 of 26

(8) the annual renewal of an employee license in an amount not to exceed $50 and (9) an apprentice permit in an amount not to exceed $30

(b) Unless the examination or reexamination for an employee license is administered by a testing service the commissioner shall set a nonrefundable fee for

(1) the initial examination in an amount not to exceed $30 and (2) each reexamination in an amount not to exceed $20

(c) The commissioner shall set a fee in an amount not to exceed $20 for (1) a duplicate registration certificate license or apprentice permit issued under this chapter or (2) any request requiring changes to a registration certificate license or permit

(d) On a change of ownership of a registered firm the department shall issue a new registration certificate with a new number for a fee set by the commissioner in an amount not to exceed $450 On a change of ownership of a branch office the commissioner shall charge a fee in an amount not to exceed $100

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001056 DEPOSIT IN OPERATING ACCOUNT All money collected under this chapter other than penalties and monetary forfeitures shall be paid to the department and deposited in the state treasury to the credit of the Texas Department of Insurance operating account for use in administering this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER D REGISTRATION LICENSE AND PERM IT REQUIREMENTS

Sec 6001151 FIRM REGISTRATION CERTIFICATE REQUIRED Unless the firm holds a registration certificate issued by the department a firm may not engage in the business of

(1) installing or servicing portable fire extinguishers or (2) planning certifying installing or servicing fixed fire extinguisher systems

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001152 BRANCH OFFICE REGISTRATION CERTIFICATE REQUIRED (a) Each separate office location of a firm holding a registration certificate other than the location identified on

the firms certificate must have a branch office registration certificate issued by the department (b) Before issuing a branch office registration certificate the department must determine that the branch office

location is part of a registered firm

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001153 HYDROSTATIC TESTING REGISTRATION CERTIFICATE REQUIRED (a) A firm may not perform hydrostatic testing of fire extinguishers manufactured in accordance with the

specifications and procedures of the United States Department of Transportation unless the firm (1) complies with the procedures specified by that department for compressed gas cylinders and (2) holds a registration certificate issued by the state fire marshal authorizing hydrostatic testing

(b) The license of an individual qualified to do work described by Subsection (a) must indi cate the authority of the individual to perform that work

(c) Hydrostatic testing of fire extinguishers that is not performed under the specifications of the United States Department of Transportation must be performed in the manner recommended by the National Fire Protection Association

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001154 REQUIRED INSURANCE COVERAGE FOR REGISTRATION CERTIFICATE (a) The department may not issue a registration certificate und er this chapter unless the applicant files with the

department evidence of a general liability insurance policy that includes products and completed operations coverage The policy must be conditioned to pay on behalf of the insured those amounts that the insured becomes legally obligated to pay as damages because of bodily injury and property damage caused by an occurrence involving the insured or the insureds officer agent or employee in the conduct of any activity that requires a registration certificate or license under this chapter

(b) Unless the commissioner after notice and an opportunity for a hearing increases or decreases the limits the limits of insurance coverage required by Subsection (a) must be at least

(1) $100000 combined single limits for bodily injury and property damage for each occurrence and (2) $300000 aggregate for all occurrences for each policy year

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 5 of 26

(c) The evidence of insurance required by this section must be in the form of a certificate of insurance executed by an insurer authorized to engage in the business of insurance in this state and countersigned by an insurance agent licensed in this state A certificate of insurance for surplus lines coverage procured in compliance with Chapter 981 through a surplus lines agent that is licensed under Subchapter E Chapter 981 and resident in this state may be filed with the department as evidence of the coverage required by this section

(d) An insurance certificate executed and filed with the department under this section remains in force until the insurer has terminated future liability by the notice required by the department

(e) Failure to maintain the liability insurance required by this section constitutes grounds for the denial suspension or revocation after notice and opportunity for hearing of a registration certificate issued under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001155 EM PLOYEE LICENSE REQUIRED (a) Except as provided by Section 6001156 an individual other than an apprentice must hold a license issued

by the department before (1) installing or servicing portable fire extinguishers (2) installing servicing or certifying preengineered fixed fire extinguisher systems or (3) planning supervising servicing or certifying the installation of fixed fire extinguisher systems other

than preengineered systems (b) An individual who holds a license to install or service portable fire extinguishers or install and service fixed

fire extinguisher systems must be an employee or agent of a registered firm

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001156 ACTIVITIES NOT REGULATED BY CHAPTER (a) The licensing provisions of this chapter do not apply to

(1) the filling or charging of a portable fire extinguisher by the manufacturer before initial sale of the fire extinguisher

(2) the servicing by a firm of the firms portable fire extinguishers or fixed systems by the firms personnel who are specially trained for that servicing

(2-a) the inspection of a firmrsquos portable fire extinguisher by a person who is (A) specially trained to perform portable fire extinguisher inspections and (B) under contract with the firm for that purpose

(3) the installation of portable fire extinguishers in a building by the building owner the owners managing agent or an employee of the building owner or the owners managing agent

(4) the installation or servicing of water sprinkler systems installed in compliance with the National Fire Protection Associations Standards for the Installation of Sprinkler Systems

(5) a firm that is engaged in the retail or wholesale sale of portable fire extinguishers that carry the listing of a testing laboratory approved by the department but that is not engaged in the installation or servicing of those extinguishers

(6) a fire department that services portable fire extinguishers as a public service without charge if the members of the fire department are trained in the proper servicing of the fire extinguishers

(7) a firm that is a party to a contract under which (A) the installation of portable fire extinguishers or a fixed fire extinguisher system is performed und er

the direct supervision of and certified by a firm appropriately registered to install and certify portable extinguishers or fixed systems and

(B) the registered firm assumes full responsibility for the installation or (8) an engineer licensed under Chapter 1001 Occupations Code while acting solely in the engineers

professional capacity (b) Except as provided by Subsection (a) only the holder of a license or an apprentice permit issued under this

chapter may (1) install or service port able fire extinguishers or (2) install and maintain fixed fire extinguisher systems

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Added by Acts 2011 82nd Leg RS Sec 2 eff September 1 2011

Added by Acts 2013 83th Leg RS eff September 1 2013

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 6 of 26

Sec 6001157 LICENSE EXAM INATION (a) The state fire marshal shall

(1) establish the scope and type of an examination required by this chapter and (2) examine each applicant for a license under this chapter

(b) The state fire marshal may administer the examination or may enter into an agreement with a testing service

(c) If a testing service is used the state fire marshal may contract with the testing service regarding requirements for the examination including

(1) examination development (2) scheduling (3) site arrangements (4) grading (5) reporting (6) analysis or (7) other administrative duties

(d) The state fire marshal may require the testing service to (1) correspond directly with a license applicant regarding the administration of the examination (2) collect a reasonable fee from an applicant for administering the examination or (3) administer the examination at a specific location or time

(e) The state fire marshal shall adopt rules as necessary to implement examination requirements under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001158 EXAM INATION RESULTS (a) Not later than the 30th day after the date on which a licensing examination is administered under this

chapter the state fire marshal shall send notice to each examinee of the results of the examination (b) If an examination is conducted graded or reviewed by a testing service the state fire marshal shall send

notice to the examinees of the results of the examination not later than the 14th day after the date on which the state fire marshal receives the results from the testing service

(c) If the notice of the examination results will be delayed for more than 90 days after the examination date the state fire marshal before the 90th day shall send notice to the examinee of the reason for the delay

(d) The state fire marshal may require a testing service to n otify an examinee of the results of the examinees examination under Subsections (a) and (b)

(e) If requested in writing by an individual who fails the licensing examination administered under this chapter the state fire marshal shall send to the individual an analysis of the individuals performance on the examination

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001159 CONTINUING EDUCATION REQUIREMENTS (a) The commissioner may adopt procedures for certifying and may certify continuing education programs for

individuals licensed under this chapter (b) Participation in the continuing education programs is voluntary

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001160 RECIPROCAL LICENSE The department may waive any license requirement for an applicant who holds a license issued by another state that has license requirements substantially equivalent to the license requirements of this state

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001161 APPRENTICE PERMIT REQUIRED (a) An individual may not install or service portable fire extinguishers or fixed fire extinguisher systems as an

apprentice unless the individual holds an apprentice permit issued by the department (b) An apprentice may perform a service described by Subsection (a) only under the direct supervision of an

individual who holds a license issued under this chapter and who works for the same firm as the apprentice

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001162 NOT TRANSFERABLE A registration certificate license or permit issued under this chapter is not transferable

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 7 of 26

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER E RENEWAL OF REGISTRATION LICENSE OR PERMIT

Sec 6001201 RENEWAL REQUIRED FEE (a) A renewal of a registration certificate or license issued under this chapter is valid for a period of two

years The license or registration fee for each year of the two-year period is payable on renewal (b) An apprentice permit expires on the first anniversary of the date of issuance (c) The commissioner by rule may adopt a system under which registration certificates licenses and permits

expire on various dates during the year For the year in which an expiration date of a registration certificate license or permit is less than one year from its issuance or anniversary date the fee shall be prorated on a monthly basis so that each holder of a registration certificate license or permit pays only that portion of the renewal fee that is allocable to the number of months during which the registration certificate license or permit is valid On each subsequent renewal the total renewal fee is payable

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001202 NOTICE OF EXPIRATION At least 30 days before the expiration date of a registration certificate or license the state fire marshal shall send written notice of the impending expiration to the holder of the registration certificate or license at the holders last known address

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001203 RENEWAL PROCEDURES (a) The holder of an unexpired registration certificate or license may renew the certificate or license by paying

the required renewal fee to the department before the expiration date of the certificate or license (b) A firm or individual whose registration certificate or license has been expired for 90 days or less may renew

the certificate or license by paying to the department (1) the required renewal fee and (2) a fee equal to one-half of the initial fee for the certificate or license

(c) A firm or individual whose registration certificate or license has been expired for more than 90 days but less than two years may renew the certificate or license by paying to the department

(1) all unpaid renewal fees and (2) a fee that is equal to the initial fee for the certificate or license

(d) A firm or individual whose registration certificate or license has been expired for two years or longer may not renew the certificate or license The firm or individual may obtain a new registration certificate or license by complying with the requirements and procedures for obtaining an initial registration certificate or license

(e) This section may not be construed to prevent the department from denying or refusing to renew a license under applicable law or commissioner rules

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER F PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

Sec 6001251 PROHIBITED PRACTICES (a) An individual or firm may not

(1) engage in the business of installing or servicing portable fire extinguishers without holding a registration certificate

(2) engage in the business of planning certifying installing or servicing fixed fire extinguisher systems without holding a registration certificate

(3) install service or certify the servicing of portable fire extinguishers or plan certify service or install fixed fire extinguisher systems without holding a license

(4) perform hydrostatic testing of fire extinguisher cylinders manufactured in accordance with the specifications and requirements of the United States Department of Transportation without holding a hydrostatic testing registration certificate

(5) obtain or attempt to obtain a registration certificate or license by fraudulent representation (6) install or service portable fire extinguishers or plan certify service or install fixed fire extinguisher

systems in violation of this chapter or the rules adopted and administered under this chapter

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 8 of 26

(7) except as provided by Subsection (b) install service or hydrostatically test a fire extinguisher that does not have the proper identifying labels

(8) sell install service or recharge a carbon tetrachloride fire extinguisher or (9) except as provided by Subsection (b) lease sell service or install a portable fire extinguisher a fixed

fire extinguisher system or extinguisher equipment unless it carries an approval label or listing lab el issued by a testing laboratory approved by the department

(b) The commissioner by rule shall permit an individual or firm to service a portable fire extinguisher regardless of whether the extinguisher carries a label described by Subsection (a)

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001252 DISCIPLINARY ACTIONS (a) The state fire marshal may suspend revoke or refuse to issue or renew a registration certificate license

or permit if after notice and hearing the state fire marshal finds that the applicant registrant license holder or permit holder has engaged in acts that

(1) violate this chapter (2) violate rules or standards adopted under this chapter or (3) constitute misrepresentation made in connection with

(A) the sale of products or (B) services rendered

(b) Subject to Section 6001253 the commissioner may suspend revoke or refuse to issue or renew a certificate license permit or approval

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001253 DISCIPLINARY HEARING (a) If the state fire marshal proposes to suspend revoke or refuse to renew a license permit certificate or

approval issued under this chapter the holder of the license permit certificate or approval is entitled to a hearing conducted by the State Office of Administrative Hearings

(b) Proceedings for a disciplinary action are governed by Chapter 2001 Government Code (c) Rules of practice adopted by the commissioner applicable to the proceedings for a disciplinary action may

not conflict with rules adopted by the State Office of Administrative Hearings

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001254 REAPPLICATION REQUIREM ENTS (a) An applicant or holder of a registration certificate license or permit whose certificate license or permit has

been refused or revoked under this chapter other than for failure to pass a required written exam ination may not file another application for a registration certificate license or permit before the first anniversary of the effective date of the refusal or revocation

(b) After the first anniversary of the effective date of the refusal or revocation the applicant may (1) reapply and (2) in a public hearing show good cause why the issuance of the registration certificate license or permit

is not against the public safety and welfare

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J 001 eff April 1 2009

Sec 6001255 REEXAMINATION AFTER REVOCATION An individual whose license to service portable fire extinguishers or to install or service fixed fire extinguisher systems has been revoked must retake and pass the required written examination before a new license may be issued

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 9 of 26

SUBCHAPTER G CRIMINAL PENALTY

Sec 6001301 CRIMINAL PENALTY (a) A person commits an offense if the person knowingly violates Section 6001251(a) (b) An offense under this section is a Class B misdemeanor (c) Venue for an offense under this section is in Travis County or the county in which the offense is committed

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Texas Insurance Code Article 543-1 Fire E xti nguishers Acts 1971 62nd Leg p 1993 ch 616 eff June 4 1971 Amended by Acts 1975 64th Leg p 899 ch 335 sect 1 eff June 19 1975 Acts 1979 66th Leg p 903 ch 412 sect 1 eff Aug 27 1979 Acts 1981 67th Leg p 416 ch 175 sect 1 eff Sept 1 1981 Acts 198 3 68th Leg p 1091 ch 245 sectsect 1 to 3 eff May 27 1983 Acts 1983 68th Leg p 3934 ch 622 sectsect 24 47 eff Sept 1 1983 Acts 1987 70th Leg ch 267 sectsect 1 to 10 eff June 5 1987 Acts 1989 71st Leg ch 762 sectsect 1 2 4 to 8 21 eff June 15 1989 Acts 1989 71st Leg ch 7 62 sect 3 eff Sept 1 1989 Acts 1989 71st Leg ch 823 sectsect 1 to 3 eff June 14 1989 Acts 1991 72nd Leg ch 628 sectsect 11 12 eff Sept 1 1991 Acts 1997 75th Leg ch 1172 sectsect 401 to 404 414 eff Sept 1 1997 Acts 2001 77th Leg ch 2 35 sectsect 1 2 eff Sept 1 2001 Acts 2003 78th Leg ch 1014 sectsect 1 2 eff June 20 2003

Texas Insurance Code Chapter 6001 Fire E xtinguisher S ervice and Installatio n Re-codified with no nsubstantive changes HB2636 80th Leg Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009 Added by Acts 2011 82nd Leg R S Sec 1 eff September 1 2011 Added by Acts 2013 83rd Leg RS eff September 1 2013

Sections amended September 1 2013 are marked with a vertical line in the margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 10 of 26

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

TEXAS ADMINISTRATIVE CODE TITLE 28 TEXAS DEPARTMENT OF INSURANCE PART 1 TEXAS DEPARTMENT OF INSURANCE

CHAPTER 34 STATE FIRE M ARSHAL SUBCHAPTER E FIRE EXTINGUISHER AND INSTALLATION

28 TAC sectsect34501-34524

sect34501 Purpose The purpose of this subchapter is to regulate the business of leasing renting selling installing and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and to prohibit portable fire extinguishers fixed fire extinguisher systems and extinguis her equipment not listed by a testing laboratory approved by the commissioner in the interests of protecting and preserving lives and property under Insurance Code Chapter 6001

sect34502 Title These sections of this subchapter shall be known and may be cited as the extinguisher rules and shall be administered by and through the state fire marshal

sect34503 Applicability of Subchapter This subchapter shall apply to all firms and persons engaged in the business of leasing renting selling installi ng and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and not to the general public

sect34504 Exceptions The exceptions of Insurance Code sect6001156 are applicable to the sections of this subchapter

sect34505 Notices Notice by the state fire marshal and required by any provisions of the statutes or of this subchapter must be given by personal service or mailed postage prepaid to the persons residence or business address as it appears on the records in the Office of the State Fire Marshal

sect34506 Definitions The following words and terms when used in this subchapter have the following meanings unless the context clearly indicates otherwise

(1) Apprentice--A person to whom a permit has been issued by the state fire marshal to perform various acts of service or installation while under the direct supervision of a person working for the same firm and holding a valid fire extinguisher service license to perform such acts

(2) Business--The planning certifying installing leasing renting selling or servicing of portable fire extinguishers or fixed fire extinguisher systems

(3) Certificate--The certificate of registration issued by the state fire m arshal (4) Certify--To attest to the proper planning installing or servicing of portables and systems by attaching a

completed service tag or other form required by a governmental authority (5) Commissioner--The commissioner of insurance (6) Department--The Texas Department of Insurance (7) DOT Specification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured tested and

stamped with the specification number as required by the United States Department of Transportation (8) DOT Nonspecification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured and

tested but not stamped with a specification number as required by the United States Department of Transportation These cylinders may be marked by a label with the words Meets DOT Requirements

(9) Installation--The initial placement of a portable or fixed fire extinguisher system or an extension or alteration after initial placement

(10) License--The license issued by the state fire marshal to an employee of a registered firm

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 11 of 26

(11) NFPA--The National Fire Protection Association Inc a nationally recognized standards -making organization

(12) NICET--National Institute for Certification in Engineering Technologies (13) Outsource testing service--The testing service selected by the state fire marshal to administer certain

designated qualifying tests for licenses under this subchapter (14) Person--A natural person (15) Plan--To lay out detail draw calculate devise or arrang e an assembly of detection or suppression

devices and appurtenances in accordance with either fire protection standards adopted in this subchapter or specifications specially designed by a Texas registered professional engineer acting solely in his profess ional capacity

(16) Registered firm--A person partnership corporation or association holding a current certificate of registration

(17) Shop--A facility whether at a specific location or in a mobile unit of a registered firm where servicing repairing or hydrostatic testing is performed and where parts and equipment which are required by this subchapter or in the adopted standards are maintained

(18) Test--The act of subjecting a portable or fixed system to any procedure necessary to det ermine whether it is properly installed or operates correctly

(19) Direct supervision--The oversight by a licensee of the services performed by another licensee or permittee The licensee performing the direct supervision at the shop must be present at all times on the premises where the supervised licensee or permittee is performing the service When not at the shop the individual being supervised must be within sight of the licensee performing the direct supervision when installing or servicing portable fire extinguishers or pre-engineered fixed fire extinguisher systems The licensee performing the direct supervision of an engineered fixed fire extinguisher system is not required to be on -site at all times when the installation is performed

sect34507 Adopted Standards The commissioner adopts by reference in their entirety except as noted the following copyrighted standards and recommendations in this subchapter If a standard refers to a provision in a specific edition of another standard the provision is applicable only if it does not conflict with the adopted standard shown in this section The standards are published by and available from the National Fire Protection Association Inc (NFPA) Batterymarch Park Quincy Massachusetts 02269 A copy of the standards will be available for public inspection in the State Fire Marshals Office

(1) NFPA 10-2013 Standard for Portable Fire Extinguishers (2) NFPA 11-2010 Standard for Low- Medium- and High-Expansion Foam and Combined Agent Systems (3) NFPA 12-2011 Standard on Carbon Dioxide Extinguishing Systems (4) NFPA 12A-2009 Standard on Halon 1301 Fire Extinguishing Systems (5) NFPA 15-2012 Standard for Water Spray Fixed Systems for Fire Protection (6) NFPA 16-2011 Standard for the Installation of Foam-W ater Sprinkler and Foam-Water Spray Systems (7) NFPA 17-2013 Standard for Dry Chemical Extinguishing Systems (8) NFPA 17A-2013 Standard for Wet Chemical Extinguishing Systems (9) NFPA 18-2011 Standard on W etting Agents (10) NFPA 25-2014 Standard for the Inspection Testing and Maintenance of W ater-Based Fire Protection

Systems (11) NFPA 33-2011 Standard for Spray Application Using Flammable or Combustible Materials (12) NFPA 96-2014 Standard for Ventilation Control and Fire Protection of Commercial Cooking

Operations (13) NFPA 2001-2012 Standard on Clean Agent Fire Extinguishing Systems (14) NFPA 2010-2010 Standard for Fixed Aerosol Fire-Extinguishing Systems

sect34508 Approved Testing Laboratories The commissioner approves an organization as an approved testing laboratory which lists equipment and appurtenances for use in compliance with standards adopted in sect34507 of this title (relating to Adopted Standards) if the organization meets the requirem ents of an approved testing laboratory in accordance with Subchapter D of this title (relating to Testing Laboratory Rules)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 12 of 26

sect34509 Approved Certification Organization The commissioner approves the National Institute for Certification in Engineering Technologies (NICET) as a testing standards organization for testing license applicants

sect34510 Certificates of Registration (a) Required Each firm and each branch office engaged in the business must obtain a certificate of registration

from the state fire marshal (b) Properly equipped licensed person Before engaging in the business each registered firm must have at

least one licensed person who must be properly equipped to perform the act or acts authorized by its certificate (c) Types of certificates The business activity authorized by the certificate is limited to the business activity(ies)

authorized under the license of its employees A separate Type C registration is required to engage in the business of hydrostatic testing of US Department of Transportation (US DOT) specification fire extinguisher cylinders

(d) Business location Each registered firm must maintain a specific business location and the business location must be indicated on the certificate

(e) Shop A registered firm must establish and maintain a shop whether at a specific business location or in a mobile unit designed so that servicing repairing or hydrostatic testing can be performed The shop must be adequately equipped to service or test all fire extinguishers or systems the registered firm installs and services At a minimum a firm must maintain the following

(1) a copy of the most recently adopted edition of NFPA 10 (2) a copy of the most recently adopted Insurance Code Chapter 6001 and this chapter (3) a list of manufacturers or types of portable extinguishers serviced with their respective manuals or part

lists (4) portable scale to accurately measure extinguisher gross weights (5) seals or tamper indicators (6) temporary fire extinguishers replacements (7) if performing annual maintenance on carbon dioxide extinguishers at a minimum the following

additional items are required (A) conductivity tester and (B) conductivity test label

(8) if performing internal maintenance for portable extinguishers a written notice must be kept on file indicating the registered firm performing the maintenance or at a minimum the following additional items are required

(A) appropriate tools to remove and reinstall a valve head (B) charging adapters (C) Teflon tape silicone grease solvent or other lubricant used (D) supply of spare parts for respective manufacturers and type of fire extinguishers serviced (E) appropriate recharge agents (F) agent fill funnels (G) light designed to be used for internal inspections (H) dry chemical closed recovery system or sufficient new dry chemical (I) leak test equipment (J) dry nitrogen cylinders regulator and calibrated gauges for pressurizing cylinders (K) verification collar rings and (L) six-year maintenance labels

(9) if performing hydrostatic testing for portable extinguishers a written notice must be kept on file indicating the registered firm performing the test or at a minimum the following additional items are required

(A) working hydrostatic test pump with flexible connection check valves and fittings (B) protective cage or barrier (C) calibrated gauges (D) drying equipment (E) hydrostatic test log and (F) hydrostatic test labels

(10) if performing maintenance for US DOT specification portable fire extinguishers a written notice must be kept on file indicating the registered firm that would perform the hydrostatic test when required or at a minimum the following additional items are required

(A) a current Type C registration issued by the State Fire Marshals Office and (B) verification of registration through the US DOT

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 13 of 26

(11) if installing or servicing a fixed fire extinguisher system at a minimum the following additional items are required

(A) copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced

(B) applicable manufacturers service manuals for the type of system and (C) any special tools or parts as required by the manufacturers manual

(f) Business vehicles All vehicles used regularly in installation service maintenance testing or certification activities must prominently display the company name telephone number and certificate-of-registration number The numbers and letters must be at least one inch in height and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle The certificate-of-registration number must be designated in the following format TX ECR-number A business vehicle must be adequately equipped for the type of service that is being provided

(g) Branch office initial certificate of registration fees and expiration dates The initial fee for a branch office certificate of registration is $100 and is not prorated Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firms main office

(h) Change of ownership (1) The total change of a firms ownership invalidates the current certificate To assure continuance of the

business a new application for a new certificate should be submitted to the state fire marshal 14 days prior to such change

(2) A partial change in a firms ownership will require a revised certificate if it affects the firms name location or mailing address

(i) Change of corporate officers Any change of corporate officers must be reported in writing to the state fire marshal within 14 days This change does not require a revised certificate

(j) Duplicate certificates A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate The certificate holder must submit written notification of the loss or destruc tion without delay accompanied by the required fee

(k) Revised certificates The change of a firms name location or mailing address requires a revised certificate Within 14 days after the change requiring the revision the registered firm must subm it written notification of the necessary change accompanied by the required fee to the State Fire Marshals Office

(l) Nontransferable A certificate is neither temporarily nor permanently transferable from one firm to another (m) Initial alignment of the expiration and renewal dates of existing branches For branch offices in existence

as of the effective date of this rule branch office certificates of registration shall expire and renew on the same date as the certificate of registration issued to the main office for that firm All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration shall be prorated accordingly

sect34511 Fire Extinguisher Licenses (a) Types of licenses Each license must be identified by type which indicates the business activity authorized

under the license (1) Type PL--For the planning supervising certifying installing or servicing of all fixed systems other than

pre-engineered systems A system planning licensee may also perform supervise or certify the installation or servicing of all pre-engineered fixed systems and portable fire extinguishers

(2) Type A--For certifying or servicing the installation of all fixed fire extinguisher systems other than pre-engineered systems or for installing certifying or servicing of all pre-engineered fixed fire extinguisher systems and the certifying and servicing of portable extinguishers

(3) Type B--For the servicing certifying and low-pressure hydrostatic testing of portables (4) Type K--For installing certifying or servicing of pre-engineered fixed fire extinguisher systems for the

protection of cooking areas and the certifying and servicing of portable extinguishers (5) Type R--For installing certifying or servicing of pre -engineered fixed residential range top fire

extinguisher systems (b) Pocket license A licensee must carry a pocket license for identification while en gaged in the activities of the

business (c) Duplicate license A duplicate license must be obtained from the state fire marshal to replace a lost or

destroyed license The license holder or registered firm must submit written notification of the loss or destruction accompanied by the required fee

(d) Revised license The change of a licensees registered firm or mailing address requires a revised license Within 14 days after the change requiring the revision the license holder or registered firm must submit written notification of the necessary change accompanied by the required fee

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 14 of 26

(e) Restrictions (1) A licensee must not engage in any act of the business unless employed by a registered firm and holding

an unexpired license (2) A license is neither temporarily nor permanently transferable from one person to another (3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a

licensee (4) A Type A or Type K license will not be issued to an individual unless the individual has held an apprentice

permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state

(5) It will not be necessary for the applicant of a Type R license to hold an apprentice permit prior to the issuance of a Type R license

sect34512 Apprentice Permit (a) Pocket permit A permit holder must carry a pocket permit for identification while engaging in the business (b) Duplicate permit A duplicate permit must be obtained from the state fire marshal to replace a lost or

destroyed permit The permit holder and his employer must submit written notification of the loss or destruction without delay accompanied by the required fee

(c) Revised permits The change of a permittees employer home address or mailing address requires a revised permit Within 14 days after the change requiring the revision the permit holder or registered firm must submit written notification to the State Fire Marshals Office of the necessary change accompanied by the required fee

(d) Nontransferable A permit is neither temporarily nor permanently transferable from one person to another (e) Apprentice An individual holding a current apprentice permit may under the direct supervision of the

licensee assist in all respective services of the licensee however the licensee must sign all documents requiring the licensees signature

sect34513 Alteration of Certificates Licenses or Permits Alteration of such documents renders them invalid and is the basis for administrative act ion pursuant to Insurance Code sect6001252

sect34514 Applications (a) Certificates of registration

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the state fire marshals office

(2) Applications must be signed by the sole proprietor or by each partner of a partnership or by an officer of a corporation For corporations the application must be accompanied by the corporate charter of a Texas corporation or in the case of a foreign corporation a copy of the Texas certificate of authority to do business For applicants using an assumed name the application must be accompanied by evidence of compliance with the Assumed Business or Professional Name Act Texas Business and Commerce Code Chapter 71 The application must also include written authorization by the applicant permitting the state fire marshal or the state fir e marshals representative to enter examine and inspect any premises building room or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6001 and this subchapter

(3) For corporations the application must also include the corporate taxpayer identification number the charter number and a copy of the corporations current franchise tax Certificate of Good Standing issued by the state comptrollers office

(4) Applications for Type C certificates must be accompanied by a copy of the US DOT letter registering the applicants facility and that issues a registration number to the facility

(5) The applicant must comply with the following requirements concerning liability insurance (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the

applicant files a proof of liability insurance with the State Fire Marshals Office The insurance must include products and completed operations coverage

(B) Each registered firm must maintain in force and on file in the State Fire Marshals Office the certificate of insurance as required

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 15 of 26

(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 16 of 26

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 4: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

Sections amended September 1 2013 are marked with a vertical line in the margin

TEXAS INSURANCE CODE TITLE 20 REGULATION OF OTHER OCCUPATIONS

CHAPTER 6001 FIRE EXTINGUISHER SERVICE AND INSTALLATION SUBCHAPTER A GENERAL PROVISIONS

Sec 6001001 PURPOSE The purpose of this chapter is to safeguard lives and property by

(1) regulating (A) the leasing selling installing and servicing of portable fire extinguishers and (B) the planning certifying installing and servicing of fixed fire extinguisher systems and

(2) prohibiting portable fire extinguishers fixed fire extinguisher systems or extinguisher equipment that is not listed by a testing laboratory approved by the department

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Added by Acts 2013 83th Leg RS eff September 1 2013

Sec 6001002 DEFINITIONS In this chapter

(1) Firm means an individual partnership corporation or association (2) Fixed fire extinguisher system means an assembly of piping conduits or containers that convey

liquid powder or gases to dispersal openings or devices protecting one or more hazards by suppressing or extinguishing fires

(3) Hydrostatic testing means pressure testing by hydrostatic methods (4) Insurance agent means

(A) an individual firm or corporation licensed under (i) Subchapter E Chapter 981 or (ii) Subchapter A B C D E or G Chapter 4051 or

(B) an individual authorized to represent an insurance fund or pool created by a municipality county or other political subdivision of this state under Chapter 791 Government Code

(5) Portable fire extinguisher means any device that contains liquid powder or gases for suppressing or extinguishing fires

(5-a) ldquoPortable fire extinguisher inspectionrdquo means a monthly inspection to ensure that a portable fire extinguisher

(A) is in the extinguisherrsquos designated location (B) has not been actuated or subject to tampering and (C) does not have any obvious physical damage or another condition that may prevent proper operation

of the extinguisher (6) Registered firm means a firm that holds a registration certificate (7) Service and servicing mean servicing a portable fire extinguisher or a fixed fire extinguisher system

by charging filling maintaining recharging refilling repairing or testing

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Added by Acts 2011 82nd Leg RS Sec 1 eff September 1 2011

SUBCHAPTER B POWERS AND DUTIES OF COMMISSIONER DEPARTM ENT AND STATE FIRE M ARSHAL

Sec 6001051 ADM INISTRATION OF CHAPTER (a) The department shall administer this chapter (b) The commissioner may issue rules the commissioner considers necessary to administer this chapter

through the state fire marshal

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001052 ADOPTION OF RULES (a) In adopting necessary rules the commissioner may use recognized standards including standards

(1) published by the National Fire Protection Association

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 3 of 26

(2) recognized by federal law or regulation (3) published by any nationally recognized standards-making organization or (4) contained in the manufacturers installation manuals

(b) The commissioner shall adopt and administer rules determined essentially necessary for the protection and preservation of life and property regarding

(1) registration of firms engaged in the business of (A) installing or servicing portable fire extinguishers or planning certifying installing or servicing

fixed fire extinguisher systems or (B) hydrostatic testing of fire extinguisher cylinders

(2) the examination and licensing of individuals to (A) install or service portable fire extinguishers and (B) plan certify install or service fixed fire extinguisher systems and

(3) requirements for (A) installing or servicing portable fire extinguishers and (B) planning certifying installing or servicing fixed fire extinguisher systems

(c) The commissioner by rule shall prescribe requirements for applications and qualifications for licenses permits and certificates issued under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001053 RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING (a) The commissioner may not adopt rules restricting advertising or competitive bidding by the holder of a

license permit certificate or approval issued under this chapter except to prohibit false misleading or deceptive practices

(b) In the commissioners rules to prohibit false misleading or deceptive practices the commissioner may not include a rule that

(1) restricts the use of any medium for advertising (2) restricts the use of a license permit certificate or approval holders personal appearance or voice in

an advertisement (3) relates to the size or duration of an advertisement by the license permit certificate or approval holder

or (4) restricts the license permit certificate or approval holders advertisement under a trade name

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001054 GENERAL POWERS AND DUTIES OF DEPARTMENT (a) The department shall evaluate the qualifications of a firm

(1) applying for a registration certificate to engage in the business of installing or servicing portable fire extinguishers or planning certifying installing or servicing fixed fire extinguisher sys tems or

(2) seeking approval as a testing laboratory (b) The department shall issue

(1) registration certificates for firms that qualify under commissioner rules to engage in the business of installing or servicing portable fire extinguishers or planning certifying installing or servicing fixed fire extinguisher systems and

(2) licenses apprentice permits and authorizations to perform hydrostatic testing to firms or individuals that qualify

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001055 FEES (a) The commissioner shall set the fee for

(1) an initial firm registration certificate in an amount not to exceed $450 (2) the renewal of a firm registration certificate in an amount not to exceed $300 annually (3) an initial branch office registration certificate in an amount not to exceed $100 (4) the renewal of a branch office registration certificate in an amount not to exceed $100 annually (5) an initial registration certificate to perform hydrostatic testing of fire extinguishers manufactured in

accordance with the specifications and procedures of the United States Department of Transportation in an amount not to exceed $250

(6) the renewal of a registration certificate to perform hydrostatic testing of fire extinguishers manufactured in accordance with the specifications and procedures of the United States Department of Transportation in an amount not to exceed $150 annually

(7) an initial employee license fee in an amount not to exceed $70

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 4 of 26

(8) the annual renewal of an employee license in an amount not to exceed $50 and (9) an apprentice permit in an amount not to exceed $30

(b) Unless the examination or reexamination for an employee license is administered by a testing service the commissioner shall set a nonrefundable fee for

(1) the initial examination in an amount not to exceed $30 and (2) each reexamination in an amount not to exceed $20

(c) The commissioner shall set a fee in an amount not to exceed $20 for (1) a duplicate registration certificate license or apprentice permit issued under this chapter or (2) any request requiring changes to a registration certificate license or permit

(d) On a change of ownership of a registered firm the department shall issue a new registration certificate with a new number for a fee set by the commissioner in an amount not to exceed $450 On a change of ownership of a branch office the commissioner shall charge a fee in an amount not to exceed $100

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001056 DEPOSIT IN OPERATING ACCOUNT All money collected under this chapter other than penalties and monetary forfeitures shall be paid to the department and deposited in the state treasury to the credit of the Texas Department of Insurance operating account for use in administering this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER D REGISTRATION LICENSE AND PERM IT REQUIREMENTS

Sec 6001151 FIRM REGISTRATION CERTIFICATE REQUIRED Unless the firm holds a registration certificate issued by the department a firm may not engage in the business of

(1) installing or servicing portable fire extinguishers or (2) planning certifying installing or servicing fixed fire extinguisher systems

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001152 BRANCH OFFICE REGISTRATION CERTIFICATE REQUIRED (a) Each separate office location of a firm holding a registration certificate other than the location identified on

the firms certificate must have a branch office registration certificate issued by the department (b) Before issuing a branch office registration certificate the department must determine that the branch office

location is part of a registered firm

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001153 HYDROSTATIC TESTING REGISTRATION CERTIFICATE REQUIRED (a) A firm may not perform hydrostatic testing of fire extinguishers manufactured in accordance with the

specifications and procedures of the United States Department of Transportation unless the firm (1) complies with the procedures specified by that department for compressed gas cylinders and (2) holds a registration certificate issued by the state fire marshal authorizing hydrostatic testing

(b) The license of an individual qualified to do work described by Subsection (a) must indi cate the authority of the individual to perform that work

(c) Hydrostatic testing of fire extinguishers that is not performed under the specifications of the United States Department of Transportation must be performed in the manner recommended by the National Fire Protection Association

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001154 REQUIRED INSURANCE COVERAGE FOR REGISTRATION CERTIFICATE (a) The department may not issue a registration certificate und er this chapter unless the applicant files with the

department evidence of a general liability insurance policy that includes products and completed operations coverage The policy must be conditioned to pay on behalf of the insured those amounts that the insured becomes legally obligated to pay as damages because of bodily injury and property damage caused by an occurrence involving the insured or the insureds officer agent or employee in the conduct of any activity that requires a registration certificate or license under this chapter

(b) Unless the commissioner after notice and an opportunity for a hearing increases or decreases the limits the limits of insurance coverage required by Subsection (a) must be at least

(1) $100000 combined single limits for bodily injury and property damage for each occurrence and (2) $300000 aggregate for all occurrences for each policy year

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 5 of 26

(c) The evidence of insurance required by this section must be in the form of a certificate of insurance executed by an insurer authorized to engage in the business of insurance in this state and countersigned by an insurance agent licensed in this state A certificate of insurance for surplus lines coverage procured in compliance with Chapter 981 through a surplus lines agent that is licensed under Subchapter E Chapter 981 and resident in this state may be filed with the department as evidence of the coverage required by this section

(d) An insurance certificate executed and filed with the department under this section remains in force until the insurer has terminated future liability by the notice required by the department

(e) Failure to maintain the liability insurance required by this section constitutes grounds for the denial suspension or revocation after notice and opportunity for hearing of a registration certificate issued under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001155 EM PLOYEE LICENSE REQUIRED (a) Except as provided by Section 6001156 an individual other than an apprentice must hold a license issued

by the department before (1) installing or servicing portable fire extinguishers (2) installing servicing or certifying preengineered fixed fire extinguisher systems or (3) planning supervising servicing or certifying the installation of fixed fire extinguisher systems other

than preengineered systems (b) An individual who holds a license to install or service portable fire extinguishers or install and service fixed

fire extinguisher systems must be an employee or agent of a registered firm

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001156 ACTIVITIES NOT REGULATED BY CHAPTER (a) The licensing provisions of this chapter do not apply to

(1) the filling or charging of a portable fire extinguisher by the manufacturer before initial sale of the fire extinguisher

(2) the servicing by a firm of the firms portable fire extinguishers or fixed systems by the firms personnel who are specially trained for that servicing

(2-a) the inspection of a firmrsquos portable fire extinguisher by a person who is (A) specially trained to perform portable fire extinguisher inspections and (B) under contract with the firm for that purpose

(3) the installation of portable fire extinguishers in a building by the building owner the owners managing agent or an employee of the building owner or the owners managing agent

(4) the installation or servicing of water sprinkler systems installed in compliance with the National Fire Protection Associations Standards for the Installation of Sprinkler Systems

(5) a firm that is engaged in the retail or wholesale sale of portable fire extinguishers that carry the listing of a testing laboratory approved by the department but that is not engaged in the installation or servicing of those extinguishers

(6) a fire department that services portable fire extinguishers as a public service without charge if the members of the fire department are trained in the proper servicing of the fire extinguishers

(7) a firm that is a party to a contract under which (A) the installation of portable fire extinguishers or a fixed fire extinguisher system is performed und er

the direct supervision of and certified by a firm appropriately registered to install and certify portable extinguishers or fixed systems and

(B) the registered firm assumes full responsibility for the installation or (8) an engineer licensed under Chapter 1001 Occupations Code while acting solely in the engineers

professional capacity (b) Except as provided by Subsection (a) only the holder of a license or an apprentice permit issued under this

chapter may (1) install or service port able fire extinguishers or (2) install and maintain fixed fire extinguisher systems

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Added by Acts 2011 82nd Leg RS Sec 2 eff September 1 2011

Added by Acts 2013 83th Leg RS eff September 1 2013

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 6 of 26

Sec 6001157 LICENSE EXAM INATION (a) The state fire marshal shall

(1) establish the scope and type of an examination required by this chapter and (2) examine each applicant for a license under this chapter

(b) The state fire marshal may administer the examination or may enter into an agreement with a testing service

(c) If a testing service is used the state fire marshal may contract with the testing service regarding requirements for the examination including

(1) examination development (2) scheduling (3) site arrangements (4) grading (5) reporting (6) analysis or (7) other administrative duties

(d) The state fire marshal may require the testing service to (1) correspond directly with a license applicant regarding the administration of the examination (2) collect a reasonable fee from an applicant for administering the examination or (3) administer the examination at a specific location or time

(e) The state fire marshal shall adopt rules as necessary to implement examination requirements under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001158 EXAM INATION RESULTS (a) Not later than the 30th day after the date on which a licensing examination is administered under this

chapter the state fire marshal shall send notice to each examinee of the results of the examination (b) If an examination is conducted graded or reviewed by a testing service the state fire marshal shall send

notice to the examinees of the results of the examination not later than the 14th day after the date on which the state fire marshal receives the results from the testing service

(c) If the notice of the examination results will be delayed for more than 90 days after the examination date the state fire marshal before the 90th day shall send notice to the examinee of the reason for the delay

(d) The state fire marshal may require a testing service to n otify an examinee of the results of the examinees examination under Subsections (a) and (b)

(e) If requested in writing by an individual who fails the licensing examination administered under this chapter the state fire marshal shall send to the individual an analysis of the individuals performance on the examination

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001159 CONTINUING EDUCATION REQUIREMENTS (a) The commissioner may adopt procedures for certifying and may certify continuing education programs for

individuals licensed under this chapter (b) Participation in the continuing education programs is voluntary

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001160 RECIPROCAL LICENSE The department may waive any license requirement for an applicant who holds a license issued by another state that has license requirements substantially equivalent to the license requirements of this state

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001161 APPRENTICE PERMIT REQUIRED (a) An individual may not install or service portable fire extinguishers or fixed fire extinguisher systems as an

apprentice unless the individual holds an apprentice permit issued by the department (b) An apprentice may perform a service described by Subsection (a) only under the direct supervision of an

individual who holds a license issued under this chapter and who works for the same firm as the apprentice

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001162 NOT TRANSFERABLE A registration certificate license or permit issued under this chapter is not transferable

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 7 of 26

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER E RENEWAL OF REGISTRATION LICENSE OR PERMIT

Sec 6001201 RENEWAL REQUIRED FEE (a) A renewal of a registration certificate or license issued under this chapter is valid for a period of two

years The license or registration fee for each year of the two-year period is payable on renewal (b) An apprentice permit expires on the first anniversary of the date of issuance (c) The commissioner by rule may adopt a system under which registration certificates licenses and permits

expire on various dates during the year For the year in which an expiration date of a registration certificate license or permit is less than one year from its issuance or anniversary date the fee shall be prorated on a monthly basis so that each holder of a registration certificate license or permit pays only that portion of the renewal fee that is allocable to the number of months during which the registration certificate license or permit is valid On each subsequent renewal the total renewal fee is payable

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001202 NOTICE OF EXPIRATION At least 30 days before the expiration date of a registration certificate or license the state fire marshal shall send written notice of the impending expiration to the holder of the registration certificate or license at the holders last known address

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001203 RENEWAL PROCEDURES (a) The holder of an unexpired registration certificate or license may renew the certificate or license by paying

the required renewal fee to the department before the expiration date of the certificate or license (b) A firm or individual whose registration certificate or license has been expired for 90 days or less may renew

the certificate or license by paying to the department (1) the required renewal fee and (2) a fee equal to one-half of the initial fee for the certificate or license

(c) A firm or individual whose registration certificate or license has been expired for more than 90 days but less than two years may renew the certificate or license by paying to the department

(1) all unpaid renewal fees and (2) a fee that is equal to the initial fee for the certificate or license

(d) A firm or individual whose registration certificate or license has been expired for two years or longer may not renew the certificate or license The firm or individual may obtain a new registration certificate or license by complying with the requirements and procedures for obtaining an initial registration certificate or license

(e) This section may not be construed to prevent the department from denying or refusing to renew a license under applicable law or commissioner rules

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER F PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

Sec 6001251 PROHIBITED PRACTICES (a) An individual or firm may not

(1) engage in the business of installing or servicing portable fire extinguishers without holding a registration certificate

(2) engage in the business of planning certifying installing or servicing fixed fire extinguisher systems without holding a registration certificate

(3) install service or certify the servicing of portable fire extinguishers or plan certify service or install fixed fire extinguisher systems without holding a license

(4) perform hydrostatic testing of fire extinguisher cylinders manufactured in accordance with the specifications and requirements of the United States Department of Transportation without holding a hydrostatic testing registration certificate

(5) obtain or attempt to obtain a registration certificate or license by fraudulent representation (6) install or service portable fire extinguishers or plan certify service or install fixed fire extinguisher

systems in violation of this chapter or the rules adopted and administered under this chapter

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 8 of 26

(7) except as provided by Subsection (b) install service or hydrostatically test a fire extinguisher that does not have the proper identifying labels

(8) sell install service or recharge a carbon tetrachloride fire extinguisher or (9) except as provided by Subsection (b) lease sell service or install a portable fire extinguisher a fixed

fire extinguisher system or extinguisher equipment unless it carries an approval label or listing lab el issued by a testing laboratory approved by the department

(b) The commissioner by rule shall permit an individual or firm to service a portable fire extinguisher regardless of whether the extinguisher carries a label described by Subsection (a)

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001252 DISCIPLINARY ACTIONS (a) The state fire marshal may suspend revoke or refuse to issue or renew a registration certificate license

or permit if after notice and hearing the state fire marshal finds that the applicant registrant license holder or permit holder has engaged in acts that

(1) violate this chapter (2) violate rules or standards adopted under this chapter or (3) constitute misrepresentation made in connection with

(A) the sale of products or (B) services rendered

(b) Subject to Section 6001253 the commissioner may suspend revoke or refuse to issue or renew a certificate license permit or approval

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001253 DISCIPLINARY HEARING (a) If the state fire marshal proposes to suspend revoke or refuse to renew a license permit certificate or

approval issued under this chapter the holder of the license permit certificate or approval is entitled to a hearing conducted by the State Office of Administrative Hearings

(b) Proceedings for a disciplinary action are governed by Chapter 2001 Government Code (c) Rules of practice adopted by the commissioner applicable to the proceedings for a disciplinary action may

not conflict with rules adopted by the State Office of Administrative Hearings

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001254 REAPPLICATION REQUIREM ENTS (a) An applicant or holder of a registration certificate license or permit whose certificate license or permit has

been refused or revoked under this chapter other than for failure to pass a required written exam ination may not file another application for a registration certificate license or permit before the first anniversary of the effective date of the refusal or revocation

(b) After the first anniversary of the effective date of the refusal or revocation the applicant may (1) reapply and (2) in a public hearing show good cause why the issuance of the registration certificate license or permit

is not against the public safety and welfare

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J 001 eff April 1 2009

Sec 6001255 REEXAMINATION AFTER REVOCATION An individual whose license to service portable fire extinguishers or to install or service fixed fire extinguisher systems has been revoked must retake and pass the required written examination before a new license may be issued

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 9 of 26

SUBCHAPTER G CRIMINAL PENALTY

Sec 6001301 CRIMINAL PENALTY (a) A person commits an offense if the person knowingly violates Section 6001251(a) (b) An offense under this section is a Class B misdemeanor (c) Venue for an offense under this section is in Travis County or the county in which the offense is committed

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Texas Insurance Code Article 543-1 Fire E xti nguishers Acts 1971 62nd Leg p 1993 ch 616 eff June 4 1971 Amended by Acts 1975 64th Leg p 899 ch 335 sect 1 eff June 19 1975 Acts 1979 66th Leg p 903 ch 412 sect 1 eff Aug 27 1979 Acts 1981 67th Leg p 416 ch 175 sect 1 eff Sept 1 1981 Acts 198 3 68th Leg p 1091 ch 245 sectsect 1 to 3 eff May 27 1983 Acts 1983 68th Leg p 3934 ch 622 sectsect 24 47 eff Sept 1 1983 Acts 1987 70th Leg ch 267 sectsect 1 to 10 eff June 5 1987 Acts 1989 71st Leg ch 762 sectsect 1 2 4 to 8 21 eff June 15 1989 Acts 1989 71st Leg ch 7 62 sect 3 eff Sept 1 1989 Acts 1989 71st Leg ch 823 sectsect 1 to 3 eff June 14 1989 Acts 1991 72nd Leg ch 628 sectsect 11 12 eff Sept 1 1991 Acts 1997 75th Leg ch 1172 sectsect 401 to 404 414 eff Sept 1 1997 Acts 2001 77th Leg ch 2 35 sectsect 1 2 eff Sept 1 2001 Acts 2003 78th Leg ch 1014 sectsect 1 2 eff June 20 2003

Texas Insurance Code Chapter 6001 Fire E xtinguisher S ervice and Installatio n Re-codified with no nsubstantive changes HB2636 80th Leg Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009 Added by Acts 2011 82nd Leg R S Sec 1 eff September 1 2011 Added by Acts 2013 83rd Leg RS eff September 1 2013

Sections amended September 1 2013 are marked with a vertical line in the margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 10 of 26

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

TEXAS ADMINISTRATIVE CODE TITLE 28 TEXAS DEPARTMENT OF INSURANCE PART 1 TEXAS DEPARTMENT OF INSURANCE

CHAPTER 34 STATE FIRE M ARSHAL SUBCHAPTER E FIRE EXTINGUISHER AND INSTALLATION

28 TAC sectsect34501-34524

sect34501 Purpose The purpose of this subchapter is to regulate the business of leasing renting selling installing and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and to prohibit portable fire extinguishers fixed fire extinguisher systems and extinguis her equipment not listed by a testing laboratory approved by the commissioner in the interests of protecting and preserving lives and property under Insurance Code Chapter 6001

sect34502 Title These sections of this subchapter shall be known and may be cited as the extinguisher rules and shall be administered by and through the state fire marshal

sect34503 Applicability of Subchapter This subchapter shall apply to all firms and persons engaged in the business of leasing renting selling installi ng and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and not to the general public

sect34504 Exceptions The exceptions of Insurance Code sect6001156 are applicable to the sections of this subchapter

sect34505 Notices Notice by the state fire marshal and required by any provisions of the statutes or of this subchapter must be given by personal service or mailed postage prepaid to the persons residence or business address as it appears on the records in the Office of the State Fire Marshal

sect34506 Definitions The following words and terms when used in this subchapter have the following meanings unless the context clearly indicates otherwise

(1) Apprentice--A person to whom a permit has been issued by the state fire marshal to perform various acts of service or installation while under the direct supervision of a person working for the same firm and holding a valid fire extinguisher service license to perform such acts

(2) Business--The planning certifying installing leasing renting selling or servicing of portable fire extinguishers or fixed fire extinguisher systems

(3) Certificate--The certificate of registration issued by the state fire m arshal (4) Certify--To attest to the proper planning installing or servicing of portables and systems by attaching a

completed service tag or other form required by a governmental authority (5) Commissioner--The commissioner of insurance (6) Department--The Texas Department of Insurance (7) DOT Specification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured tested and

stamped with the specification number as required by the United States Department of Transportation (8) DOT Nonspecification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured and

tested but not stamped with a specification number as required by the United States Department of Transportation These cylinders may be marked by a label with the words Meets DOT Requirements

(9) Installation--The initial placement of a portable or fixed fire extinguisher system or an extension or alteration after initial placement

(10) License--The license issued by the state fire marshal to an employee of a registered firm

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 11 of 26

(11) NFPA--The National Fire Protection Association Inc a nationally recognized standards -making organization

(12) NICET--National Institute for Certification in Engineering Technologies (13) Outsource testing service--The testing service selected by the state fire marshal to administer certain

designated qualifying tests for licenses under this subchapter (14) Person--A natural person (15) Plan--To lay out detail draw calculate devise or arrang e an assembly of detection or suppression

devices and appurtenances in accordance with either fire protection standards adopted in this subchapter or specifications specially designed by a Texas registered professional engineer acting solely in his profess ional capacity

(16) Registered firm--A person partnership corporation or association holding a current certificate of registration

(17) Shop--A facility whether at a specific location or in a mobile unit of a registered firm where servicing repairing or hydrostatic testing is performed and where parts and equipment which are required by this subchapter or in the adopted standards are maintained

(18) Test--The act of subjecting a portable or fixed system to any procedure necessary to det ermine whether it is properly installed or operates correctly

(19) Direct supervision--The oversight by a licensee of the services performed by another licensee or permittee The licensee performing the direct supervision at the shop must be present at all times on the premises where the supervised licensee or permittee is performing the service When not at the shop the individual being supervised must be within sight of the licensee performing the direct supervision when installing or servicing portable fire extinguishers or pre-engineered fixed fire extinguisher systems The licensee performing the direct supervision of an engineered fixed fire extinguisher system is not required to be on -site at all times when the installation is performed

sect34507 Adopted Standards The commissioner adopts by reference in their entirety except as noted the following copyrighted standards and recommendations in this subchapter If a standard refers to a provision in a specific edition of another standard the provision is applicable only if it does not conflict with the adopted standard shown in this section The standards are published by and available from the National Fire Protection Association Inc (NFPA) Batterymarch Park Quincy Massachusetts 02269 A copy of the standards will be available for public inspection in the State Fire Marshals Office

(1) NFPA 10-2013 Standard for Portable Fire Extinguishers (2) NFPA 11-2010 Standard for Low- Medium- and High-Expansion Foam and Combined Agent Systems (3) NFPA 12-2011 Standard on Carbon Dioxide Extinguishing Systems (4) NFPA 12A-2009 Standard on Halon 1301 Fire Extinguishing Systems (5) NFPA 15-2012 Standard for Water Spray Fixed Systems for Fire Protection (6) NFPA 16-2011 Standard for the Installation of Foam-W ater Sprinkler and Foam-Water Spray Systems (7) NFPA 17-2013 Standard for Dry Chemical Extinguishing Systems (8) NFPA 17A-2013 Standard for Wet Chemical Extinguishing Systems (9) NFPA 18-2011 Standard on W etting Agents (10) NFPA 25-2014 Standard for the Inspection Testing and Maintenance of W ater-Based Fire Protection

Systems (11) NFPA 33-2011 Standard for Spray Application Using Flammable or Combustible Materials (12) NFPA 96-2014 Standard for Ventilation Control and Fire Protection of Commercial Cooking

Operations (13) NFPA 2001-2012 Standard on Clean Agent Fire Extinguishing Systems (14) NFPA 2010-2010 Standard for Fixed Aerosol Fire-Extinguishing Systems

sect34508 Approved Testing Laboratories The commissioner approves an organization as an approved testing laboratory which lists equipment and appurtenances for use in compliance with standards adopted in sect34507 of this title (relating to Adopted Standards) if the organization meets the requirem ents of an approved testing laboratory in accordance with Subchapter D of this title (relating to Testing Laboratory Rules)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 12 of 26

sect34509 Approved Certification Organization The commissioner approves the National Institute for Certification in Engineering Technologies (NICET) as a testing standards organization for testing license applicants

sect34510 Certificates of Registration (a) Required Each firm and each branch office engaged in the business must obtain a certificate of registration

from the state fire marshal (b) Properly equipped licensed person Before engaging in the business each registered firm must have at

least one licensed person who must be properly equipped to perform the act or acts authorized by its certificate (c) Types of certificates The business activity authorized by the certificate is limited to the business activity(ies)

authorized under the license of its employees A separate Type C registration is required to engage in the business of hydrostatic testing of US Department of Transportation (US DOT) specification fire extinguisher cylinders

(d) Business location Each registered firm must maintain a specific business location and the business location must be indicated on the certificate

(e) Shop A registered firm must establish and maintain a shop whether at a specific business location or in a mobile unit designed so that servicing repairing or hydrostatic testing can be performed The shop must be adequately equipped to service or test all fire extinguishers or systems the registered firm installs and services At a minimum a firm must maintain the following

(1) a copy of the most recently adopted edition of NFPA 10 (2) a copy of the most recently adopted Insurance Code Chapter 6001 and this chapter (3) a list of manufacturers or types of portable extinguishers serviced with their respective manuals or part

lists (4) portable scale to accurately measure extinguisher gross weights (5) seals or tamper indicators (6) temporary fire extinguishers replacements (7) if performing annual maintenance on carbon dioxide extinguishers at a minimum the following

additional items are required (A) conductivity tester and (B) conductivity test label

(8) if performing internal maintenance for portable extinguishers a written notice must be kept on file indicating the registered firm performing the maintenance or at a minimum the following additional items are required

(A) appropriate tools to remove and reinstall a valve head (B) charging adapters (C) Teflon tape silicone grease solvent or other lubricant used (D) supply of spare parts for respective manufacturers and type of fire extinguishers serviced (E) appropriate recharge agents (F) agent fill funnels (G) light designed to be used for internal inspections (H) dry chemical closed recovery system or sufficient new dry chemical (I) leak test equipment (J) dry nitrogen cylinders regulator and calibrated gauges for pressurizing cylinders (K) verification collar rings and (L) six-year maintenance labels

(9) if performing hydrostatic testing for portable extinguishers a written notice must be kept on file indicating the registered firm performing the test or at a minimum the following additional items are required

(A) working hydrostatic test pump with flexible connection check valves and fittings (B) protective cage or barrier (C) calibrated gauges (D) drying equipment (E) hydrostatic test log and (F) hydrostatic test labels

(10) if performing maintenance for US DOT specification portable fire extinguishers a written notice must be kept on file indicating the registered firm that would perform the hydrostatic test when required or at a minimum the following additional items are required

(A) a current Type C registration issued by the State Fire Marshals Office and (B) verification of registration through the US DOT

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 13 of 26

(11) if installing or servicing a fixed fire extinguisher system at a minimum the following additional items are required

(A) copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced

(B) applicable manufacturers service manuals for the type of system and (C) any special tools or parts as required by the manufacturers manual

(f) Business vehicles All vehicles used regularly in installation service maintenance testing or certification activities must prominently display the company name telephone number and certificate-of-registration number The numbers and letters must be at least one inch in height and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle The certificate-of-registration number must be designated in the following format TX ECR-number A business vehicle must be adequately equipped for the type of service that is being provided

(g) Branch office initial certificate of registration fees and expiration dates The initial fee for a branch office certificate of registration is $100 and is not prorated Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firms main office

(h) Change of ownership (1) The total change of a firms ownership invalidates the current certificate To assure continuance of the

business a new application for a new certificate should be submitted to the state fire marshal 14 days prior to such change

(2) A partial change in a firms ownership will require a revised certificate if it affects the firms name location or mailing address

(i) Change of corporate officers Any change of corporate officers must be reported in writing to the state fire marshal within 14 days This change does not require a revised certificate

(j) Duplicate certificates A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate The certificate holder must submit written notification of the loss or destruc tion without delay accompanied by the required fee

(k) Revised certificates The change of a firms name location or mailing address requires a revised certificate Within 14 days after the change requiring the revision the registered firm must subm it written notification of the necessary change accompanied by the required fee to the State Fire Marshals Office

(l) Nontransferable A certificate is neither temporarily nor permanently transferable from one firm to another (m) Initial alignment of the expiration and renewal dates of existing branches For branch offices in existence

as of the effective date of this rule branch office certificates of registration shall expire and renew on the same date as the certificate of registration issued to the main office for that firm All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration shall be prorated accordingly

sect34511 Fire Extinguisher Licenses (a) Types of licenses Each license must be identified by type which indicates the business activity authorized

under the license (1) Type PL--For the planning supervising certifying installing or servicing of all fixed systems other than

pre-engineered systems A system planning licensee may also perform supervise or certify the installation or servicing of all pre-engineered fixed systems and portable fire extinguishers

(2) Type A--For certifying or servicing the installation of all fixed fire extinguisher systems other than pre-engineered systems or for installing certifying or servicing of all pre-engineered fixed fire extinguisher systems and the certifying and servicing of portable extinguishers

(3) Type B--For the servicing certifying and low-pressure hydrostatic testing of portables (4) Type K--For installing certifying or servicing of pre-engineered fixed fire extinguisher systems for the

protection of cooking areas and the certifying and servicing of portable extinguishers (5) Type R--For installing certifying or servicing of pre -engineered fixed residential range top fire

extinguisher systems (b) Pocket license A licensee must carry a pocket license for identification while en gaged in the activities of the

business (c) Duplicate license A duplicate license must be obtained from the state fire marshal to replace a lost or

destroyed license The license holder or registered firm must submit written notification of the loss or destruction accompanied by the required fee

(d) Revised license The change of a licensees registered firm or mailing address requires a revised license Within 14 days after the change requiring the revision the license holder or registered firm must submit written notification of the necessary change accompanied by the required fee

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 14 of 26

(e) Restrictions (1) A licensee must not engage in any act of the business unless employed by a registered firm and holding

an unexpired license (2) A license is neither temporarily nor permanently transferable from one person to another (3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a

licensee (4) A Type A or Type K license will not be issued to an individual unless the individual has held an apprentice

permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state

(5) It will not be necessary for the applicant of a Type R license to hold an apprentice permit prior to the issuance of a Type R license

sect34512 Apprentice Permit (a) Pocket permit A permit holder must carry a pocket permit for identification while engaging in the business (b) Duplicate permit A duplicate permit must be obtained from the state fire marshal to replace a lost or

destroyed permit The permit holder and his employer must submit written notification of the loss or destruction without delay accompanied by the required fee

(c) Revised permits The change of a permittees employer home address or mailing address requires a revised permit Within 14 days after the change requiring the revision the permit holder or registered firm must submit written notification to the State Fire Marshals Office of the necessary change accompanied by the required fee

(d) Nontransferable A permit is neither temporarily nor permanently transferable from one person to another (e) Apprentice An individual holding a current apprentice permit may under the direct supervision of the

licensee assist in all respective services of the licensee however the licensee must sign all documents requiring the licensees signature

sect34513 Alteration of Certificates Licenses or Permits Alteration of such documents renders them invalid and is the basis for administrative act ion pursuant to Insurance Code sect6001252

sect34514 Applications (a) Certificates of registration

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the state fire marshals office

(2) Applications must be signed by the sole proprietor or by each partner of a partnership or by an officer of a corporation For corporations the application must be accompanied by the corporate charter of a Texas corporation or in the case of a foreign corporation a copy of the Texas certificate of authority to do business For applicants using an assumed name the application must be accompanied by evidence of compliance with the Assumed Business or Professional Name Act Texas Business and Commerce Code Chapter 71 The application must also include written authorization by the applicant permitting the state fire marshal or the state fir e marshals representative to enter examine and inspect any premises building room or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6001 and this subchapter

(3) For corporations the application must also include the corporate taxpayer identification number the charter number and a copy of the corporations current franchise tax Certificate of Good Standing issued by the state comptrollers office

(4) Applications for Type C certificates must be accompanied by a copy of the US DOT letter registering the applicants facility and that issues a registration number to the facility

(5) The applicant must comply with the following requirements concerning liability insurance (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the

applicant files a proof of liability insurance with the State Fire Marshals Office The insurance must include products and completed operations coverage

(B) Each registered firm must maintain in force and on file in the State Fire Marshals Office the certificate of insurance as required

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 15 of 26

(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 16 of 26

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 5: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

(2) recognized by federal law or regulation (3) published by any nationally recognized standards-making organization or (4) contained in the manufacturers installation manuals

(b) The commissioner shall adopt and administer rules determined essentially necessary for the protection and preservation of life and property regarding

(1) registration of firms engaged in the business of (A) installing or servicing portable fire extinguishers or planning certifying installing or servicing

fixed fire extinguisher systems or (B) hydrostatic testing of fire extinguisher cylinders

(2) the examination and licensing of individuals to (A) install or service portable fire extinguishers and (B) plan certify install or service fixed fire extinguisher systems and

(3) requirements for (A) installing or servicing portable fire extinguishers and (B) planning certifying installing or servicing fixed fire extinguisher systems

(c) The commissioner by rule shall prescribe requirements for applications and qualifications for licenses permits and certificates issued under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001053 RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING (a) The commissioner may not adopt rules restricting advertising or competitive bidding by the holder of a

license permit certificate or approval issued under this chapter except to prohibit false misleading or deceptive practices

(b) In the commissioners rules to prohibit false misleading or deceptive practices the commissioner may not include a rule that

(1) restricts the use of any medium for advertising (2) restricts the use of a license permit certificate or approval holders personal appearance or voice in

an advertisement (3) relates to the size or duration of an advertisement by the license permit certificate or approval holder

or (4) restricts the license permit certificate or approval holders advertisement under a trade name

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001054 GENERAL POWERS AND DUTIES OF DEPARTMENT (a) The department shall evaluate the qualifications of a firm

(1) applying for a registration certificate to engage in the business of installing or servicing portable fire extinguishers or planning certifying installing or servicing fixed fire extinguisher sys tems or

(2) seeking approval as a testing laboratory (b) The department shall issue

(1) registration certificates for firms that qualify under commissioner rules to engage in the business of installing or servicing portable fire extinguishers or planning certifying installing or servicing fixed fire extinguisher systems and

(2) licenses apprentice permits and authorizations to perform hydrostatic testing to firms or individuals that qualify

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001055 FEES (a) The commissioner shall set the fee for

(1) an initial firm registration certificate in an amount not to exceed $450 (2) the renewal of a firm registration certificate in an amount not to exceed $300 annually (3) an initial branch office registration certificate in an amount not to exceed $100 (4) the renewal of a branch office registration certificate in an amount not to exceed $100 annually (5) an initial registration certificate to perform hydrostatic testing of fire extinguishers manufactured in

accordance with the specifications and procedures of the United States Department of Transportation in an amount not to exceed $250

(6) the renewal of a registration certificate to perform hydrostatic testing of fire extinguishers manufactured in accordance with the specifications and procedures of the United States Department of Transportation in an amount not to exceed $150 annually

(7) an initial employee license fee in an amount not to exceed $70

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 4 of 26

(8) the annual renewal of an employee license in an amount not to exceed $50 and (9) an apprentice permit in an amount not to exceed $30

(b) Unless the examination or reexamination for an employee license is administered by a testing service the commissioner shall set a nonrefundable fee for

(1) the initial examination in an amount not to exceed $30 and (2) each reexamination in an amount not to exceed $20

(c) The commissioner shall set a fee in an amount not to exceed $20 for (1) a duplicate registration certificate license or apprentice permit issued under this chapter or (2) any request requiring changes to a registration certificate license or permit

(d) On a change of ownership of a registered firm the department shall issue a new registration certificate with a new number for a fee set by the commissioner in an amount not to exceed $450 On a change of ownership of a branch office the commissioner shall charge a fee in an amount not to exceed $100

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001056 DEPOSIT IN OPERATING ACCOUNT All money collected under this chapter other than penalties and monetary forfeitures shall be paid to the department and deposited in the state treasury to the credit of the Texas Department of Insurance operating account for use in administering this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER D REGISTRATION LICENSE AND PERM IT REQUIREMENTS

Sec 6001151 FIRM REGISTRATION CERTIFICATE REQUIRED Unless the firm holds a registration certificate issued by the department a firm may not engage in the business of

(1) installing or servicing portable fire extinguishers or (2) planning certifying installing or servicing fixed fire extinguisher systems

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001152 BRANCH OFFICE REGISTRATION CERTIFICATE REQUIRED (a) Each separate office location of a firm holding a registration certificate other than the location identified on

the firms certificate must have a branch office registration certificate issued by the department (b) Before issuing a branch office registration certificate the department must determine that the branch office

location is part of a registered firm

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001153 HYDROSTATIC TESTING REGISTRATION CERTIFICATE REQUIRED (a) A firm may not perform hydrostatic testing of fire extinguishers manufactured in accordance with the

specifications and procedures of the United States Department of Transportation unless the firm (1) complies with the procedures specified by that department for compressed gas cylinders and (2) holds a registration certificate issued by the state fire marshal authorizing hydrostatic testing

(b) The license of an individual qualified to do work described by Subsection (a) must indi cate the authority of the individual to perform that work

(c) Hydrostatic testing of fire extinguishers that is not performed under the specifications of the United States Department of Transportation must be performed in the manner recommended by the National Fire Protection Association

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001154 REQUIRED INSURANCE COVERAGE FOR REGISTRATION CERTIFICATE (a) The department may not issue a registration certificate und er this chapter unless the applicant files with the

department evidence of a general liability insurance policy that includes products and completed operations coverage The policy must be conditioned to pay on behalf of the insured those amounts that the insured becomes legally obligated to pay as damages because of bodily injury and property damage caused by an occurrence involving the insured or the insureds officer agent or employee in the conduct of any activity that requires a registration certificate or license under this chapter

(b) Unless the commissioner after notice and an opportunity for a hearing increases or decreases the limits the limits of insurance coverage required by Subsection (a) must be at least

(1) $100000 combined single limits for bodily injury and property damage for each occurrence and (2) $300000 aggregate for all occurrences for each policy year

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 5 of 26

(c) The evidence of insurance required by this section must be in the form of a certificate of insurance executed by an insurer authorized to engage in the business of insurance in this state and countersigned by an insurance agent licensed in this state A certificate of insurance for surplus lines coverage procured in compliance with Chapter 981 through a surplus lines agent that is licensed under Subchapter E Chapter 981 and resident in this state may be filed with the department as evidence of the coverage required by this section

(d) An insurance certificate executed and filed with the department under this section remains in force until the insurer has terminated future liability by the notice required by the department

(e) Failure to maintain the liability insurance required by this section constitutes grounds for the denial suspension or revocation after notice and opportunity for hearing of a registration certificate issued under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001155 EM PLOYEE LICENSE REQUIRED (a) Except as provided by Section 6001156 an individual other than an apprentice must hold a license issued

by the department before (1) installing or servicing portable fire extinguishers (2) installing servicing or certifying preengineered fixed fire extinguisher systems or (3) planning supervising servicing or certifying the installation of fixed fire extinguisher systems other

than preengineered systems (b) An individual who holds a license to install or service portable fire extinguishers or install and service fixed

fire extinguisher systems must be an employee or agent of a registered firm

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001156 ACTIVITIES NOT REGULATED BY CHAPTER (a) The licensing provisions of this chapter do not apply to

(1) the filling or charging of a portable fire extinguisher by the manufacturer before initial sale of the fire extinguisher

(2) the servicing by a firm of the firms portable fire extinguishers or fixed systems by the firms personnel who are specially trained for that servicing

(2-a) the inspection of a firmrsquos portable fire extinguisher by a person who is (A) specially trained to perform portable fire extinguisher inspections and (B) under contract with the firm for that purpose

(3) the installation of portable fire extinguishers in a building by the building owner the owners managing agent or an employee of the building owner or the owners managing agent

(4) the installation or servicing of water sprinkler systems installed in compliance with the National Fire Protection Associations Standards for the Installation of Sprinkler Systems

(5) a firm that is engaged in the retail or wholesale sale of portable fire extinguishers that carry the listing of a testing laboratory approved by the department but that is not engaged in the installation or servicing of those extinguishers

(6) a fire department that services portable fire extinguishers as a public service without charge if the members of the fire department are trained in the proper servicing of the fire extinguishers

(7) a firm that is a party to a contract under which (A) the installation of portable fire extinguishers or a fixed fire extinguisher system is performed und er

the direct supervision of and certified by a firm appropriately registered to install and certify portable extinguishers or fixed systems and

(B) the registered firm assumes full responsibility for the installation or (8) an engineer licensed under Chapter 1001 Occupations Code while acting solely in the engineers

professional capacity (b) Except as provided by Subsection (a) only the holder of a license or an apprentice permit issued under this

chapter may (1) install or service port able fire extinguishers or (2) install and maintain fixed fire extinguisher systems

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Added by Acts 2011 82nd Leg RS Sec 2 eff September 1 2011

Added by Acts 2013 83th Leg RS eff September 1 2013

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 6 of 26

Sec 6001157 LICENSE EXAM INATION (a) The state fire marshal shall

(1) establish the scope and type of an examination required by this chapter and (2) examine each applicant for a license under this chapter

(b) The state fire marshal may administer the examination or may enter into an agreement with a testing service

(c) If a testing service is used the state fire marshal may contract with the testing service regarding requirements for the examination including

(1) examination development (2) scheduling (3) site arrangements (4) grading (5) reporting (6) analysis or (7) other administrative duties

(d) The state fire marshal may require the testing service to (1) correspond directly with a license applicant regarding the administration of the examination (2) collect a reasonable fee from an applicant for administering the examination or (3) administer the examination at a specific location or time

(e) The state fire marshal shall adopt rules as necessary to implement examination requirements under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001158 EXAM INATION RESULTS (a) Not later than the 30th day after the date on which a licensing examination is administered under this

chapter the state fire marshal shall send notice to each examinee of the results of the examination (b) If an examination is conducted graded or reviewed by a testing service the state fire marshal shall send

notice to the examinees of the results of the examination not later than the 14th day after the date on which the state fire marshal receives the results from the testing service

(c) If the notice of the examination results will be delayed for more than 90 days after the examination date the state fire marshal before the 90th day shall send notice to the examinee of the reason for the delay

(d) The state fire marshal may require a testing service to n otify an examinee of the results of the examinees examination under Subsections (a) and (b)

(e) If requested in writing by an individual who fails the licensing examination administered under this chapter the state fire marshal shall send to the individual an analysis of the individuals performance on the examination

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001159 CONTINUING EDUCATION REQUIREMENTS (a) The commissioner may adopt procedures for certifying and may certify continuing education programs for

individuals licensed under this chapter (b) Participation in the continuing education programs is voluntary

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001160 RECIPROCAL LICENSE The department may waive any license requirement for an applicant who holds a license issued by another state that has license requirements substantially equivalent to the license requirements of this state

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001161 APPRENTICE PERMIT REQUIRED (a) An individual may not install or service portable fire extinguishers or fixed fire extinguisher systems as an

apprentice unless the individual holds an apprentice permit issued by the department (b) An apprentice may perform a service described by Subsection (a) only under the direct supervision of an

individual who holds a license issued under this chapter and who works for the same firm as the apprentice

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001162 NOT TRANSFERABLE A registration certificate license or permit issued under this chapter is not transferable

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 7 of 26

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER E RENEWAL OF REGISTRATION LICENSE OR PERMIT

Sec 6001201 RENEWAL REQUIRED FEE (a) A renewal of a registration certificate or license issued under this chapter is valid for a period of two

years The license or registration fee for each year of the two-year period is payable on renewal (b) An apprentice permit expires on the first anniversary of the date of issuance (c) The commissioner by rule may adopt a system under which registration certificates licenses and permits

expire on various dates during the year For the year in which an expiration date of a registration certificate license or permit is less than one year from its issuance or anniversary date the fee shall be prorated on a monthly basis so that each holder of a registration certificate license or permit pays only that portion of the renewal fee that is allocable to the number of months during which the registration certificate license or permit is valid On each subsequent renewal the total renewal fee is payable

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001202 NOTICE OF EXPIRATION At least 30 days before the expiration date of a registration certificate or license the state fire marshal shall send written notice of the impending expiration to the holder of the registration certificate or license at the holders last known address

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001203 RENEWAL PROCEDURES (a) The holder of an unexpired registration certificate or license may renew the certificate or license by paying

the required renewal fee to the department before the expiration date of the certificate or license (b) A firm or individual whose registration certificate or license has been expired for 90 days or less may renew

the certificate or license by paying to the department (1) the required renewal fee and (2) a fee equal to one-half of the initial fee for the certificate or license

(c) A firm or individual whose registration certificate or license has been expired for more than 90 days but less than two years may renew the certificate or license by paying to the department

(1) all unpaid renewal fees and (2) a fee that is equal to the initial fee for the certificate or license

(d) A firm or individual whose registration certificate or license has been expired for two years or longer may not renew the certificate or license The firm or individual may obtain a new registration certificate or license by complying with the requirements and procedures for obtaining an initial registration certificate or license

(e) This section may not be construed to prevent the department from denying or refusing to renew a license under applicable law or commissioner rules

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER F PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

Sec 6001251 PROHIBITED PRACTICES (a) An individual or firm may not

(1) engage in the business of installing or servicing portable fire extinguishers without holding a registration certificate

(2) engage in the business of planning certifying installing or servicing fixed fire extinguisher systems without holding a registration certificate

(3) install service or certify the servicing of portable fire extinguishers or plan certify service or install fixed fire extinguisher systems without holding a license

(4) perform hydrostatic testing of fire extinguisher cylinders manufactured in accordance with the specifications and requirements of the United States Department of Transportation without holding a hydrostatic testing registration certificate

(5) obtain or attempt to obtain a registration certificate or license by fraudulent representation (6) install or service portable fire extinguishers or plan certify service or install fixed fire extinguisher

systems in violation of this chapter or the rules adopted and administered under this chapter

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 8 of 26

(7) except as provided by Subsection (b) install service or hydrostatically test a fire extinguisher that does not have the proper identifying labels

(8) sell install service or recharge a carbon tetrachloride fire extinguisher or (9) except as provided by Subsection (b) lease sell service or install a portable fire extinguisher a fixed

fire extinguisher system or extinguisher equipment unless it carries an approval label or listing lab el issued by a testing laboratory approved by the department

(b) The commissioner by rule shall permit an individual or firm to service a portable fire extinguisher regardless of whether the extinguisher carries a label described by Subsection (a)

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001252 DISCIPLINARY ACTIONS (a) The state fire marshal may suspend revoke or refuse to issue or renew a registration certificate license

or permit if after notice and hearing the state fire marshal finds that the applicant registrant license holder or permit holder has engaged in acts that

(1) violate this chapter (2) violate rules or standards adopted under this chapter or (3) constitute misrepresentation made in connection with

(A) the sale of products or (B) services rendered

(b) Subject to Section 6001253 the commissioner may suspend revoke or refuse to issue or renew a certificate license permit or approval

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001253 DISCIPLINARY HEARING (a) If the state fire marshal proposes to suspend revoke or refuse to renew a license permit certificate or

approval issued under this chapter the holder of the license permit certificate or approval is entitled to a hearing conducted by the State Office of Administrative Hearings

(b) Proceedings for a disciplinary action are governed by Chapter 2001 Government Code (c) Rules of practice adopted by the commissioner applicable to the proceedings for a disciplinary action may

not conflict with rules adopted by the State Office of Administrative Hearings

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001254 REAPPLICATION REQUIREM ENTS (a) An applicant or holder of a registration certificate license or permit whose certificate license or permit has

been refused or revoked under this chapter other than for failure to pass a required written exam ination may not file another application for a registration certificate license or permit before the first anniversary of the effective date of the refusal or revocation

(b) After the first anniversary of the effective date of the refusal or revocation the applicant may (1) reapply and (2) in a public hearing show good cause why the issuance of the registration certificate license or permit

is not against the public safety and welfare

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J 001 eff April 1 2009

Sec 6001255 REEXAMINATION AFTER REVOCATION An individual whose license to service portable fire extinguishers or to install or service fixed fire extinguisher systems has been revoked must retake and pass the required written examination before a new license may be issued

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 9 of 26

SUBCHAPTER G CRIMINAL PENALTY

Sec 6001301 CRIMINAL PENALTY (a) A person commits an offense if the person knowingly violates Section 6001251(a) (b) An offense under this section is a Class B misdemeanor (c) Venue for an offense under this section is in Travis County or the county in which the offense is committed

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Texas Insurance Code Article 543-1 Fire E xti nguishers Acts 1971 62nd Leg p 1993 ch 616 eff June 4 1971 Amended by Acts 1975 64th Leg p 899 ch 335 sect 1 eff June 19 1975 Acts 1979 66th Leg p 903 ch 412 sect 1 eff Aug 27 1979 Acts 1981 67th Leg p 416 ch 175 sect 1 eff Sept 1 1981 Acts 198 3 68th Leg p 1091 ch 245 sectsect 1 to 3 eff May 27 1983 Acts 1983 68th Leg p 3934 ch 622 sectsect 24 47 eff Sept 1 1983 Acts 1987 70th Leg ch 267 sectsect 1 to 10 eff June 5 1987 Acts 1989 71st Leg ch 762 sectsect 1 2 4 to 8 21 eff June 15 1989 Acts 1989 71st Leg ch 7 62 sect 3 eff Sept 1 1989 Acts 1989 71st Leg ch 823 sectsect 1 to 3 eff June 14 1989 Acts 1991 72nd Leg ch 628 sectsect 11 12 eff Sept 1 1991 Acts 1997 75th Leg ch 1172 sectsect 401 to 404 414 eff Sept 1 1997 Acts 2001 77th Leg ch 2 35 sectsect 1 2 eff Sept 1 2001 Acts 2003 78th Leg ch 1014 sectsect 1 2 eff June 20 2003

Texas Insurance Code Chapter 6001 Fire E xtinguisher S ervice and Installatio n Re-codified with no nsubstantive changes HB2636 80th Leg Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009 Added by Acts 2011 82nd Leg R S Sec 1 eff September 1 2011 Added by Acts 2013 83rd Leg RS eff September 1 2013

Sections amended September 1 2013 are marked with a vertical line in the margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 10 of 26

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

TEXAS ADMINISTRATIVE CODE TITLE 28 TEXAS DEPARTMENT OF INSURANCE PART 1 TEXAS DEPARTMENT OF INSURANCE

CHAPTER 34 STATE FIRE M ARSHAL SUBCHAPTER E FIRE EXTINGUISHER AND INSTALLATION

28 TAC sectsect34501-34524

sect34501 Purpose The purpose of this subchapter is to regulate the business of leasing renting selling installing and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and to prohibit portable fire extinguishers fixed fire extinguisher systems and extinguis her equipment not listed by a testing laboratory approved by the commissioner in the interests of protecting and preserving lives and property under Insurance Code Chapter 6001

sect34502 Title These sections of this subchapter shall be known and may be cited as the extinguisher rules and shall be administered by and through the state fire marshal

sect34503 Applicability of Subchapter This subchapter shall apply to all firms and persons engaged in the business of leasing renting selling installi ng and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and not to the general public

sect34504 Exceptions The exceptions of Insurance Code sect6001156 are applicable to the sections of this subchapter

sect34505 Notices Notice by the state fire marshal and required by any provisions of the statutes or of this subchapter must be given by personal service or mailed postage prepaid to the persons residence or business address as it appears on the records in the Office of the State Fire Marshal

sect34506 Definitions The following words and terms when used in this subchapter have the following meanings unless the context clearly indicates otherwise

(1) Apprentice--A person to whom a permit has been issued by the state fire marshal to perform various acts of service or installation while under the direct supervision of a person working for the same firm and holding a valid fire extinguisher service license to perform such acts

(2) Business--The planning certifying installing leasing renting selling or servicing of portable fire extinguishers or fixed fire extinguisher systems

(3) Certificate--The certificate of registration issued by the state fire m arshal (4) Certify--To attest to the proper planning installing or servicing of portables and systems by attaching a

completed service tag or other form required by a governmental authority (5) Commissioner--The commissioner of insurance (6) Department--The Texas Department of Insurance (7) DOT Specification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured tested and

stamped with the specification number as required by the United States Department of Transportation (8) DOT Nonspecification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured and

tested but not stamped with a specification number as required by the United States Department of Transportation These cylinders may be marked by a label with the words Meets DOT Requirements

(9) Installation--The initial placement of a portable or fixed fire extinguisher system or an extension or alteration after initial placement

(10) License--The license issued by the state fire marshal to an employee of a registered firm

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 11 of 26

(11) NFPA--The National Fire Protection Association Inc a nationally recognized standards -making organization

(12) NICET--National Institute for Certification in Engineering Technologies (13) Outsource testing service--The testing service selected by the state fire marshal to administer certain

designated qualifying tests for licenses under this subchapter (14) Person--A natural person (15) Plan--To lay out detail draw calculate devise or arrang e an assembly of detection or suppression

devices and appurtenances in accordance with either fire protection standards adopted in this subchapter or specifications specially designed by a Texas registered professional engineer acting solely in his profess ional capacity

(16) Registered firm--A person partnership corporation or association holding a current certificate of registration

(17) Shop--A facility whether at a specific location or in a mobile unit of a registered firm where servicing repairing or hydrostatic testing is performed and where parts and equipment which are required by this subchapter or in the adopted standards are maintained

(18) Test--The act of subjecting a portable or fixed system to any procedure necessary to det ermine whether it is properly installed or operates correctly

(19) Direct supervision--The oversight by a licensee of the services performed by another licensee or permittee The licensee performing the direct supervision at the shop must be present at all times on the premises where the supervised licensee or permittee is performing the service When not at the shop the individual being supervised must be within sight of the licensee performing the direct supervision when installing or servicing portable fire extinguishers or pre-engineered fixed fire extinguisher systems The licensee performing the direct supervision of an engineered fixed fire extinguisher system is not required to be on -site at all times when the installation is performed

sect34507 Adopted Standards The commissioner adopts by reference in their entirety except as noted the following copyrighted standards and recommendations in this subchapter If a standard refers to a provision in a specific edition of another standard the provision is applicable only if it does not conflict with the adopted standard shown in this section The standards are published by and available from the National Fire Protection Association Inc (NFPA) Batterymarch Park Quincy Massachusetts 02269 A copy of the standards will be available for public inspection in the State Fire Marshals Office

(1) NFPA 10-2013 Standard for Portable Fire Extinguishers (2) NFPA 11-2010 Standard for Low- Medium- and High-Expansion Foam and Combined Agent Systems (3) NFPA 12-2011 Standard on Carbon Dioxide Extinguishing Systems (4) NFPA 12A-2009 Standard on Halon 1301 Fire Extinguishing Systems (5) NFPA 15-2012 Standard for Water Spray Fixed Systems for Fire Protection (6) NFPA 16-2011 Standard for the Installation of Foam-W ater Sprinkler and Foam-Water Spray Systems (7) NFPA 17-2013 Standard for Dry Chemical Extinguishing Systems (8) NFPA 17A-2013 Standard for Wet Chemical Extinguishing Systems (9) NFPA 18-2011 Standard on W etting Agents (10) NFPA 25-2014 Standard for the Inspection Testing and Maintenance of W ater-Based Fire Protection

Systems (11) NFPA 33-2011 Standard for Spray Application Using Flammable or Combustible Materials (12) NFPA 96-2014 Standard for Ventilation Control and Fire Protection of Commercial Cooking

Operations (13) NFPA 2001-2012 Standard on Clean Agent Fire Extinguishing Systems (14) NFPA 2010-2010 Standard for Fixed Aerosol Fire-Extinguishing Systems

sect34508 Approved Testing Laboratories The commissioner approves an organization as an approved testing laboratory which lists equipment and appurtenances for use in compliance with standards adopted in sect34507 of this title (relating to Adopted Standards) if the organization meets the requirem ents of an approved testing laboratory in accordance with Subchapter D of this title (relating to Testing Laboratory Rules)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 12 of 26

sect34509 Approved Certification Organization The commissioner approves the National Institute for Certification in Engineering Technologies (NICET) as a testing standards organization for testing license applicants

sect34510 Certificates of Registration (a) Required Each firm and each branch office engaged in the business must obtain a certificate of registration

from the state fire marshal (b) Properly equipped licensed person Before engaging in the business each registered firm must have at

least one licensed person who must be properly equipped to perform the act or acts authorized by its certificate (c) Types of certificates The business activity authorized by the certificate is limited to the business activity(ies)

authorized under the license of its employees A separate Type C registration is required to engage in the business of hydrostatic testing of US Department of Transportation (US DOT) specification fire extinguisher cylinders

(d) Business location Each registered firm must maintain a specific business location and the business location must be indicated on the certificate

(e) Shop A registered firm must establish and maintain a shop whether at a specific business location or in a mobile unit designed so that servicing repairing or hydrostatic testing can be performed The shop must be adequately equipped to service or test all fire extinguishers or systems the registered firm installs and services At a minimum a firm must maintain the following

(1) a copy of the most recently adopted edition of NFPA 10 (2) a copy of the most recently adopted Insurance Code Chapter 6001 and this chapter (3) a list of manufacturers or types of portable extinguishers serviced with their respective manuals or part

lists (4) portable scale to accurately measure extinguisher gross weights (5) seals or tamper indicators (6) temporary fire extinguishers replacements (7) if performing annual maintenance on carbon dioxide extinguishers at a minimum the following

additional items are required (A) conductivity tester and (B) conductivity test label

(8) if performing internal maintenance for portable extinguishers a written notice must be kept on file indicating the registered firm performing the maintenance or at a minimum the following additional items are required

(A) appropriate tools to remove and reinstall a valve head (B) charging adapters (C) Teflon tape silicone grease solvent or other lubricant used (D) supply of spare parts for respective manufacturers and type of fire extinguishers serviced (E) appropriate recharge agents (F) agent fill funnels (G) light designed to be used for internal inspections (H) dry chemical closed recovery system or sufficient new dry chemical (I) leak test equipment (J) dry nitrogen cylinders regulator and calibrated gauges for pressurizing cylinders (K) verification collar rings and (L) six-year maintenance labels

(9) if performing hydrostatic testing for portable extinguishers a written notice must be kept on file indicating the registered firm performing the test or at a minimum the following additional items are required

(A) working hydrostatic test pump with flexible connection check valves and fittings (B) protective cage or barrier (C) calibrated gauges (D) drying equipment (E) hydrostatic test log and (F) hydrostatic test labels

(10) if performing maintenance for US DOT specification portable fire extinguishers a written notice must be kept on file indicating the registered firm that would perform the hydrostatic test when required or at a minimum the following additional items are required

(A) a current Type C registration issued by the State Fire Marshals Office and (B) verification of registration through the US DOT

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 13 of 26

(11) if installing or servicing a fixed fire extinguisher system at a minimum the following additional items are required

(A) copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced

(B) applicable manufacturers service manuals for the type of system and (C) any special tools or parts as required by the manufacturers manual

(f) Business vehicles All vehicles used regularly in installation service maintenance testing or certification activities must prominently display the company name telephone number and certificate-of-registration number The numbers and letters must be at least one inch in height and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle The certificate-of-registration number must be designated in the following format TX ECR-number A business vehicle must be adequately equipped for the type of service that is being provided

(g) Branch office initial certificate of registration fees and expiration dates The initial fee for a branch office certificate of registration is $100 and is not prorated Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firms main office

(h) Change of ownership (1) The total change of a firms ownership invalidates the current certificate To assure continuance of the

business a new application for a new certificate should be submitted to the state fire marshal 14 days prior to such change

(2) A partial change in a firms ownership will require a revised certificate if it affects the firms name location or mailing address

(i) Change of corporate officers Any change of corporate officers must be reported in writing to the state fire marshal within 14 days This change does not require a revised certificate

(j) Duplicate certificates A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate The certificate holder must submit written notification of the loss or destruc tion without delay accompanied by the required fee

(k) Revised certificates The change of a firms name location or mailing address requires a revised certificate Within 14 days after the change requiring the revision the registered firm must subm it written notification of the necessary change accompanied by the required fee to the State Fire Marshals Office

(l) Nontransferable A certificate is neither temporarily nor permanently transferable from one firm to another (m) Initial alignment of the expiration and renewal dates of existing branches For branch offices in existence

as of the effective date of this rule branch office certificates of registration shall expire and renew on the same date as the certificate of registration issued to the main office for that firm All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration shall be prorated accordingly

sect34511 Fire Extinguisher Licenses (a) Types of licenses Each license must be identified by type which indicates the business activity authorized

under the license (1) Type PL--For the planning supervising certifying installing or servicing of all fixed systems other than

pre-engineered systems A system planning licensee may also perform supervise or certify the installation or servicing of all pre-engineered fixed systems and portable fire extinguishers

(2) Type A--For certifying or servicing the installation of all fixed fire extinguisher systems other than pre-engineered systems or for installing certifying or servicing of all pre-engineered fixed fire extinguisher systems and the certifying and servicing of portable extinguishers

(3) Type B--For the servicing certifying and low-pressure hydrostatic testing of portables (4) Type K--For installing certifying or servicing of pre-engineered fixed fire extinguisher systems for the

protection of cooking areas and the certifying and servicing of portable extinguishers (5) Type R--For installing certifying or servicing of pre -engineered fixed residential range top fire

extinguisher systems (b) Pocket license A licensee must carry a pocket license for identification while en gaged in the activities of the

business (c) Duplicate license A duplicate license must be obtained from the state fire marshal to replace a lost or

destroyed license The license holder or registered firm must submit written notification of the loss or destruction accompanied by the required fee

(d) Revised license The change of a licensees registered firm or mailing address requires a revised license Within 14 days after the change requiring the revision the license holder or registered firm must submit written notification of the necessary change accompanied by the required fee

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 14 of 26

(e) Restrictions (1) A licensee must not engage in any act of the business unless employed by a registered firm and holding

an unexpired license (2) A license is neither temporarily nor permanently transferable from one person to another (3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a

licensee (4) A Type A or Type K license will not be issued to an individual unless the individual has held an apprentice

permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state

(5) It will not be necessary for the applicant of a Type R license to hold an apprentice permit prior to the issuance of a Type R license

sect34512 Apprentice Permit (a) Pocket permit A permit holder must carry a pocket permit for identification while engaging in the business (b) Duplicate permit A duplicate permit must be obtained from the state fire marshal to replace a lost or

destroyed permit The permit holder and his employer must submit written notification of the loss or destruction without delay accompanied by the required fee

(c) Revised permits The change of a permittees employer home address or mailing address requires a revised permit Within 14 days after the change requiring the revision the permit holder or registered firm must submit written notification to the State Fire Marshals Office of the necessary change accompanied by the required fee

(d) Nontransferable A permit is neither temporarily nor permanently transferable from one person to another (e) Apprentice An individual holding a current apprentice permit may under the direct supervision of the

licensee assist in all respective services of the licensee however the licensee must sign all documents requiring the licensees signature

sect34513 Alteration of Certificates Licenses or Permits Alteration of such documents renders them invalid and is the basis for administrative act ion pursuant to Insurance Code sect6001252

sect34514 Applications (a) Certificates of registration

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the state fire marshals office

(2) Applications must be signed by the sole proprietor or by each partner of a partnership or by an officer of a corporation For corporations the application must be accompanied by the corporate charter of a Texas corporation or in the case of a foreign corporation a copy of the Texas certificate of authority to do business For applicants using an assumed name the application must be accompanied by evidence of compliance with the Assumed Business or Professional Name Act Texas Business and Commerce Code Chapter 71 The application must also include written authorization by the applicant permitting the state fire marshal or the state fir e marshals representative to enter examine and inspect any premises building room or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6001 and this subchapter

(3) For corporations the application must also include the corporate taxpayer identification number the charter number and a copy of the corporations current franchise tax Certificate of Good Standing issued by the state comptrollers office

(4) Applications for Type C certificates must be accompanied by a copy of the US DOT letter registering the applicants facility and that issues a registration number to the facility

(5) The applicant must comply with the following requirements concerning liability insurance (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the

applicant files a proof of liability insurance with the State Fire Marshals Office The insurance must include products and completed operations coverage

(B) Each registered firm must maintain in force and on file in the State Fire Marshals Office the certificate of insurance as required

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 15 of 26

(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 16 of 26

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 6: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

(8) the annual renewal of an employee license in an amount not to exceed $50 and (9) an apprentice permit in an amount not to exceed $30

(b) Unless the examination or reexamination for an employee license is administered by a testing service the commissioner shall set a nonrefundable fee for

(1) the initial examination in an amount not to exceed $30 and (2) each reexamination in an amount not to exceed $20

(c) The commissioner shall set a fee in an amount not to exceed $20 for (1) a duplicate registration certificate license or apprentice permit issued under this chapter or (2) any request requiring changes to a registration certificate license or permit

(d) On a change of ownership of a registered firm the department shall issue a new registration certificate with a new number for a fee set by the commissioner in an amount not to exceed $450 On a change of ownership of a branch office the commissioner shall charge a fee in an amount not to exceed $100

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001056 DEPOSIT IN OPERATING ACCOUNT All money collected under this chapter other than penalties and monetary forfeitures shall be paid to the department and deposited in the state treasury to the credit of the Texas Department of Insurance operating account for use in administering this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER D REGISTRATION LICENSE AND PERM IT REQUIREMENTS

Sec 6001151 FIRM REGISTRATION CERTIFICATE REQUIRED Unless the firm holds a registration certificate issued by the department a firm may not engage in the business of

(1) installing or servicing portable fire extinguishers or (2) planning certifying installing or servicing fixed fire extinguisher systems

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001152 BRANCH OFFICE REGISTRATION CERTIFICATE REQUIRED (a) Each separate office location of a firm holding a registration certificate other than the location identified on

the firms certificate must have a branch office registration certificate issued by the department (b) Before issuing a branch office registration certificate the department must determine that the branch office

location is part of a registered firm

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001153 HYDROSTATIC TESTING REGISTRATION CERTIFICATE REQUIRED (a) A firm may not perform hydrostatic testing of fire extinguishers manufactured in accordance with the

specifications and procedures of the United States Department of Transportation unless the firm (1) complies with the procedures specified by that department for compressed gas cylinders and (2) holds a registration certificate issued by the state fire marshal authorizing hydrostatic testing

(b) The license of an individual qualified to do work described by Subsection (a) must indi cate the authority of the individual to perform that work

(c) Hydrostatic testing of fire extinguishers that is not performed under the specifications of the United States Department of Transportation must be performed in the manner recommended by the National Fire Protection Association

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001154 REQUIRED INSURANCE COVERAGE FOR REGISTRATION CERTIFICATE (a) The department may not issue a registration certificate und er this chapter unless the applicant files with the

department evidence of a general liability insurance policy that includes products and completed operations coverage The policy must be conditioned to pay on behalf of the insured those amounts that the insured becomes legally obligated to pay as damages because of bodily injury and property damage caused by an occurrence involving the insured or the insureds officer agent or employee in the conduct of any activity that requires a registration certificate or license under this chapter

(b) Unless the commissioner after notice and an opportunity for a hearing increases or decreases the limits the limits of insurance coverage required by Subsection (a) must be at least

(1) $100000 combined single limits for bodily injury and property damage for each occurrence and (2) $300000 aggregate for all occurrences for each policy year

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 5 of 26

(c) The evidence of insurance required by this section must be in the form of a certificate of insurance executed by an insurer authorized to engage in the business of insurance in this state and countersigned by an insurance agent licensed in this state A certificate of insurance for surplus lines coverage procured in compliance with Chapter 981 through a surplus lines agent that is licensed under Subchapter E Chapter 981 and resident in this state may be filed with the department as evidence of the coverage required by this section

(d) An insurance certificate executed and filed with the department under this section remains in force until the insurer has terminated future liability by the notice required by the department

(e) Failure to maintain the liability insurance required by this section constitutes grounds for the denial suspension or revocation after notice and opportunity for hearing of a registration certificate issued under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001155 EM PLOYEE LICENSE REQUIRED (a) Except as provided by Section 6001156 an individual other than an apprentice must hold a license issued

by the department before (1) installing or servicing portable fire extinguishers (2) installing servicing or certifying preengineered fixed fire extinguisher systems or (3) planning supervising servicing or certifying the installation of fixed fire extinguisher systems other

than preengineered systems (b) An individual who holds a license to install or service portable fire extinguishers or install and service fixed

fire extinguisher systems must be an employee or agent of a registered firm

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001156 ACTIVITIES NOT REGULATED BY CHAPTER (a) The licensing provisions of this chapter do not apply to

(1) the filling or charging of a portable fire extinguisher by the manufacturer before initial sale of the fire extinguisher

(2) the servicing by a firm of the firms portable fire extinguishers or fixed systems by the firms personnel who are specially trained for that servicing

(2-a) the inspection of a firmrsquos portable fire extinguisher by a person who is (A) specially trained to perform portable fire extinguisher inspections and (B) under contract with the firm for that purpose

(3) the installation of portable fire extinguishers in a building by the building owner the owners managing agent or an employee of the building owner or the owners managing agent

(4) the installation or servicing of water sprinkler systems installed in compliance with the National Fire Protection Associations Standards for the Installation of Sprinkler Systems

(5) a firm that is engaged in the retail or wholesale sale of portable fire extinguishers that carry the listing of a testing laboratory approved by the department but that is not engaged in the installation or servicing of those extinguishers

(6) a fire department that services portable fire extinguishers as a public service without charge if the members of the fire department are trained in the proper servicing of the fire extinguishers

(7) a firm that is a party to a contract under which (A) the installation of portable fire extinguishers or a fixed fire extinguisher system is performed und er

the direct supervision of and certified by a firm appropriately registered to install and certify portable extinguishers or fixed systems and

(B) the registered firm assumes full responsibility for the installation or (8) an engineer licensed under Chapter 1001 Occupations Code while acting solely in the engineers

professional capacity (b) Except as provided by Subsection (a) only the holder of a license or an apprentice permit issued under this

chapter may (1) install or service port able fire extinguishers or (2) install and maintain fixed fire extinguisher systems

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Added by Acts 2011 82nd Leg RS Sec 2 eff September 1 2011

Added by Acts 2013 83th Leg RS eff September 1 2013

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 6 of 26

Sec 6001157 LICENSE EXAM INATION (a) The state fire marshal shall

(1) establish the scope and type of an examination required by this chapter and (2) examine each applicant for a license under this chapter

(b) The state fire marshal may administer the examination or may enter into an agreement with a testing service

(c) If a testing service is used the state fire marshal may contract with the testing service regarding requirements for the examination including

(1) examination development (2) scheduling (3) site arrangements (4) grading (5) reporting (6) analysis or (7) other administrative duties

(d) The state fire marshal may require the testing service to (1) correspond directly with a license applicant regarding the administration of the examination (2) collect a reasonable fee from an applicant for administering the examination or (3) administer the examination at a specific location or time

(e) The state fire marshal shall adopt rules as necessary to implement examination requirements under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001158 EXAM INATION RESULTS (a) Not later than the 30th day after the date on which a licensing examination is administered under this

chapter the state fire marshal shall send notice to each examinee of the results of the examination (b) If an examination is conducted graded or reviewed by a testing service the state fire marshal shall send

notice to the examinees of the results of the examination not later than the 14th day after the date on which the state fire marshal receives the results from the testing service

(c) If the notice of the examination results will be delayed for more than 90 days after the examination date the state fire marshal before the 90th day shall send notice to the examinee of the reason for the delay

(d) The state fire marshal may require a testing service to n otify an examinee of the results of the examinees examination under Subsections (a) and (b)

(e) If requested in writing by an individual who fails the licensing examination administered under this chapter the state fire marshal shall send to the individual an analysis of the individuals performance on the examination

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001159 CONTINUING EDUCATION REQUIREMENTS (a) The commissioner may adopt procedures for certifying and may certify continuing education programs for

individuals licensed under this chapter (b) Participation in the continuing education programs is voluntary

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001160 RECIPROCAL LICENSE The department may waive any license requirement for an applicant who holds a license issued by another state that has license requirements substantially equivalent to the license requirements of this state

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001161 APPRENTICE PERMIT REQUIRED (a) An individual may not install or service portable fire extinguishers or fixed fire extinguisher systems as an

apprentice unless the individual holds an apprentice permit issued by the department (b) An apprentice may perform a service described by Subsection (a) only under the direct supervision of an

individual who holds a license issued under this chapter and who works for the same firm as the apprentice

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001162 NOT TRANSFERABLE A registration certificate license or permit issued under this chapter is not transferable

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 7 of 26

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER E RENEWAL OF REGISTRATION LICENSE OR PERMIT

Sec 6001201 RENEWAL REQUIRED FEE (a) A renewal of a registration certificate or license issued under this chapter is valid for a period of two

years The license or registration fee for each year of the two-year period is payable on renewal (b) An apprentice permit expires on the first anniversary of the date of issuance (c) The commissioner by rule may adopt a system under which registration certificates licenses and permits

expire on various dates during the year For the year in which an expiration date of a registration certificate license or permit is less than one year from its issuance or anniversary date the fee shall be prorated on a monthly basis so that each holder of a registration certificate license or permit pays only that portion of the renewal fee that is allocable to the number of months during which the registration certificate license or permit is valid On each subsequent renewal the total renewal fee is payable

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001202 NOTICE OF EXPIRATION At least 30 days before the expiration date of a registration certificate or license the state fire marshal shall send written notice of the impending expiration to the holder of the registration certificate or license at the holders last known address

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001203 RENEWAL PROCEDURES (a) The holder of an unexpired registration certificate or license may renew the certificate or license by paying

the required renewal fee to the department before the expiration date of the certificate or license (b) A firm or individual whose registration certificate or license has been expired for 90 days or less may renew

the certificate or license by paying to the department (1) the required renewal fee and (2) a fee equal to one-half of the initial fee for the certificate or license

(c) A firm or individual whose registration certificate or license has been expired for more than 90 days but less than two years may renew the certificate or license by paying to the department

(1) all unpaid renewal fees and (2) a fee that is equal to the initial fee for the certificate or license

(d) A firm or individual whose registration certificate or license has been expired for two years or longer may not renew the certificate or license The firm or individual may obtain a new registration certificate or license by complying with the requirements and procedures for obtaining an initial registration certificate or license

(e) This section may not be construed to prevent the department from denying or refusing to renew a license under applicable law or commissioner rules

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER F PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

Sec 6001251 PROHIBITED PRACTICES (a) An individual or firm may not

(1) engage in the business of installing or servicing portable fire extinguishers without holding a registration certificate

(2) engage in the business of planning certifying installing or servicing fixed fire extinguisher systems without holding a registration certificate

(3) install service or certify the servicing of portable fire extinguishers or plan certify service or install fixed fire extinguisher systems without holding a license

(4) perform hydrostatic testing of fire extinguisher cylinders manufactured in accordance with the specifications and requirements of the United States Department of Transportation without holding a hydrostatic testing registration certificate

(5) obtain or attempt to obtain a registration certificate or license by fraudulent representation (6) install or service portable fire extinguishers or plan certify service or install fixed fire extinguisher

systems in violation of this chapter or the rules adopted and administered under this chapter

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 8 of 26

(7) except as provided by Subsection (b) install service or hydrostatically test a fire extinguisher that does not have the proper identifying labels

(8) sell install service or recharge a carbon tetrachloride fire extinguisher or (9) except as provided by Subsection (b) lease sell service or install a portable fire extinguisher a fixed

fire extinguisher system or extinguisher equipment unless it carries an approval label or listing lab el issued by a testing laboratory approved by the department

(b) The commissioner by rule shall permit an individual or firm to service a portable fire extinguisher regardless of whether the extinguisher carries a label described by Subsection (a)

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001252 DISCIPLINARY ACTIONS (a) The state fire marshal may suspend revoke or refuse to issue or renew a registration certificate license

or permit if after notice and hearing the state fire marshal finds that the applicant registrant license holder or permit holder has engaged in acts that

(1) violate this chapter (2) violate rules or standards adopted under this chapter or (3) constitute misrepresentation made in connection with

(A) the sale of products or (B) services rendered

(b) Subject to Section 6001253 the commissioner may suspend revoke or refuse to issue or renew a certificate license permit or approval

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001253 DISCIPLINARY HEARING (a) If the state fire marshal proposes to suspend revoke or refuse to renew a license permit certificate or

approval issued under this chapter the holder of the license permit certificate or approval is entitled to a hearing conducted by the State Office of Administrative Hearings

(b) Proceedings for a disciplinary action are governed by Chapter 2001 Government Code (c) Rules of practice adopted by the commissioner applicable to the proceedings for a disciplinary action may

not conflict with rules adopted by the State Office of Administrative Hearings

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001254 REAPPLICATION REQUIREM ENTS (a) An applicant or holder of a registration certificate license or permit whose certificate license or permit has

been refused or revoked under this chapter other than for failure to pass a required written exam ination may not file another application for a registration certificate license or permit before the first anniversary of the effective date of the refusal or revocation

(b) After the first anniversary of the effective date of the refusal or revocation the applicant may (1) reapply and (2) in a public hearing show good cause why the issuance of the registration certificate license or permit

is not against the public safety and welfare

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J 001 eff April 1 2009

Sec 6001255 REEXAMINATION AFTER REVOCATION An individual whose license to service portable fire extinguishers or to install or service fixed fire extinguisher systems has been revoked must retake and pass the required written examination before a new license may be issued

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 9 of 26

SUBCHAPTER G CRIMINAL PENALTY

Sec 6001301 CRIMINAL PENALTY (a) A person commits an offense if the person knowingly violates Section 6001251(a) (b) An offense under this section is a Class B misdemeanor (c) Venue for an offense under this section is in Travis County or the county in which the offense is committed

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Texas Insurance Code Article 543-1 Fire E xti nguishers Acts 1971 62nd Leg p 1993 ch 616 eff June 4 1971 Amended by Acts 1975 64th Leg p 899 ch 335 sect 1 eff June 19 1975 Acts 1979 66th Leg p 903 ch 412 sect 1 eff Aug 27 1979 Acts 1981 67th Leg p 416 ch 175 sect 1 eff Sept 1 1981 Acts 198 3 68th Leg p 1091 ch 245 sectsect 1 to 3 eff May 27 1983 Acts 1983 68th Leg p 3934 ch 622 sectsect 24 47 eff Sept 1 1983 Acts 1987 70th Leg ch 267 sectsect 1 to 10 eff June 5 1987 Acts 1989 71st Leg ch 762 sectsect 1 2 4 to 8 21 eff June 15 1989 Acts 1989 71st Leg ch 7 62 sect 3 eff Sept 1 1989 Acts 1989 71st Leg ch 823 sectsect 1 to 3 eff June 14 1989 Acts 1991 72nd Leg ch 628 sectsect 11 12 eff Sept 1 1991 Acts 1997 75th Leg ch 1172 sectsect 401 to 404 414 eff Sept 1 1997 Acts 2001 77th Leg ch 2 35 sectsect 1 2 eff Sept 1 2001 Acts 2003 78th Leg ch 1014 sectsect 1 2 eff June 20 2003

Texas Insurance Code Chapter 6001 Fire E xtinguisher S ervice and Installatio n Re-codified with no nsubstantive changes HB2636 80th Leg Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009 Added by Acts 2011 82nd Leg R S Sec 1 eff September 1 2011 Added by Acts 2013 83rd Leg RS eff September 1 2013

Sections amended September 1 2013 are marked with a vertical line in the margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 10 of 26

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

TEXAS ADMINISTRATIVE CODE TITLE 28 TEXAS DEPARTMENT OF INSURANCE PART 1 TEXAS DEPARTMENT OF INSURANCE

CHAPTER 34 STATE FIRE M ARSHAL SUBCHAPTER E FIRE EXTINGUISHER AND INSTALLATION

28 TAC sectsect34501-34524

sect34501 Purpose The purpose of this subchapter is to regulate the business of leasing renting selling installing and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and to prohibit portable fire extinguishers fixed fire extinguisher systems and extinguis her equipment not listed by a testing laboratory approved by the commissioner in the interests of protecting and preserving lives and property under Insurance Code Chapter 6001

sect34502 Title These sections of this subchapter shall be known and may be cited as the extinguisher rules and shall be administered by and through the state fire marshal

sect34503 Applicability of Subchapter This subchapter shall apply to all firms and persons engaged in the business of leasing renting selling installi ng and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and not to the general public

sect34504 Exceptions The exceptions of Insurance Code sect6001156 are applicable to the sections of this subchapter

sect34505 Notices Notice by the state fire marshal and required by any provisions of the statutes or of this subchapter must be given by personal service or mailed postage prepaid to the persons residence or business address as it appears on the records in the Office of the State Fire Marshal

sect34506 Definitions The following words and terms when used in this subchapter have the following meanings unless the context clearly indicates otherwise

(1) Apprentice--A person to whom a permit has been issued by the state fire marshal to perform various acts of service or installation while under the direct supervision of a person working for the same firm and holding a valid fire extinguisher service license to perform such acts

(2) Business--The planning certifying installing leasing renting selling or servicing of portable fire extinguishers or fixed fire extinguisher systems

(3) Certificate--The certificate of registration issued by the state fire m arshal (4) Certify--To attest to the proper planning installing or servicing of portables and systems by attaching a

completed service tag or other form required by a governmental authority (5) Commissioner--The commissioner of insurance (6) Department--The Texas Department of Insurance (7) DOT Specification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured tested and

stamped with the specification number as required by the United States Department of Transportation (8) DOT Nonspecification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured and

tested but not stamped with a specification number as required by the United States Department of Transportation These cylinders may be marked by a label with the words Meets DOT Requirements

(9) Installation--The initial placement of a portable or fixed fire extinguisher system or an extension or alteration after initial placement

(10) License--The license issued by the state fire marshal to an employee of a registered firm

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 11 of 26

(11) NFPA--The National Fire Protection Association Inc a nationally recognized standards -making organization

(12) NICET--National Institute for Certification in Engineering Technologies (13) Outsource testing service--The testing service selected by the state fire marshal to administer certain

designated qualifying tests for licenses under this subchapter (14) Person--A natural person (15) Plan--To lay out detail draw calculate devise or arrang e an assembly of detection or suppression

devices and appurtenances in accordance with either fire protection standards adopted in this subchapter or specifications specially designed by a Texas registered professional engineer acting solely in his profess ional capacity

(16) Registered firm--A person partnership corporation or association holding a current certificate of registration

(17) Shop--A facility whether at a specific location or in a mobile unit of a registered firm where servicing repairing or hydrostatic testing is performed and where parts and equipment which are required by this subchapter or in the adopted standards are maintained

(18) Test--The act of subjecting a portable or fixed system to any procedure necessary to det ermine whether it is properly installed or operates correctly

(19) Direct supervision--The oversight by a licensee of the services performed by another licensee or permittee The licensee performing the direct supervision at the shop must be present at all times on the premises where the supervised licensee or permittee is performing the service When not at the shop the individual being supervised must be within sight of the licensee performing the direct supervision when installing or servicing portable fire extinguishers or pre-engineered fixed fire extinguisher systems The licensee performing the direct supervision of an engineered fixed fire extinguisher system is not required to be on -site at all times when the installation is performed

sect34507 Adopted Standards The commissioner adopts by reference in their entirety except as noted the following copyrighted standards and recommendations in this subchapter If a standard refers to a provision in a specific edition of another standard the provision is applicable only if it does not conflict with the adopted standard shown in this section The standards are published by and available from the National Fire Protection Association Inc (NFPA) Batterymarch Park Quincy Massachusetts 02269 A copy of the standards will be available for public inspection in the State Fire Marshals Office

(1) NFPA 10-2013 Standard for Portable Fire Extinguishers (2) NFPA 11-2010 Standard for Low- Medium- and High-Expansion Foam and Combined Agent Systems (3) NFPA 12-2011 Standard on Carbon Dioxide Extinguishing Systems (4) NFPA 12A-2009 Standard on Halon 1301 Fire Extinguishing Systems (5) NFPA 15-2012 Standard for Water Spray Fixed Systems for Fire Protection (6) NFPA 16-2011 Standard for the Installation of Foam-W ater Sprinkler and Foam-Water Spray Systems (7) NFPA 17-2013 Standard for Dry Chemical Extinguishing Systems (8) NFPA 17A-2013 Standard for Wet Chemical Extinguishing Systems (9) NFPA 18-2011 Standard on W etting Agents (10) NFPA 25-2014 Standard for the Inspection Testing and Maintenance of W ater-Based Fire Protection

Systems (11) NFPA 33-2011 Standard for Spray Application Using Flammable or Combustible Materials (12) NFPA 96-2014 Standard for Ventilation Control and Fire Protection of Commercial Cooking

Operations (13) NFPA 2001-2012 Standard on Clean Agent Fire Extinguishing Systems (14) NFPA 2010-2010 Standard for Fixed Aerosol Fire-Extinguishing Systems

sect34508 Approved Testing Laboratories The commissioner approves an organization as an approved testing laboratory which lists equipment and appurtenances for use in compliance with standards adopted in sect34507 of this title (relating to Adopted Standards) if the organization meets the requirem ents of an approved testing laboratory in accordance with Subchapter D of this title (relating to Testing Laboratory Rules)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 12 of 26

sect34509 Approved Certification Organization The commissioner approves the National Institute for Certification in Engineering Technologies (NICET) as a testing standards organization for testing license applicants

sect34510 Certificates of Registration (a) Required Each firm and each branch office engaged in the business must obtain a certificate of registration

from the state fire marshal (b) Properly equipped licensed person Before engaging in the business each registered firm must have at

least one licensed person who must be properly equipped to perform the act or acts authorized by its certificate (c) Types of certificates The business activity authorized by the certificate is limited to the business activity(ies)

authorized under the license of its employees A separate Type C registration is required to engage in the business of hydrostatic testing of US Department of Transportation (US DOT) specification fire extinguisher cylinders

(d) Business location Each registered firm must maintain a specific business location and the business location must be indicated on the certificate

(e) Shop A registered firm must establish and maintain a shop whether at a specific business location or in a mobile unit designed so that servicing repairing or hydrostatic testing can be performed The shop must be adequately equipped to service or test all fire extinguishers or systems the registered firm installs and services At a minimum a firm must maintain the following

(1) a copy of the most recently adopted edition of NFPA 10 (2) a copy of the most recently adopted Insurance Code Chapter 6001 and this chapter (3) a list of manufacturers or types of portable extinguishers serviced with their respective manuals or part

lists (4) portable scale to accurately measure extinguisher gross weights (5) seals or tamper indicators (6) temporary fire extinguishers replacements (7) if performing annual maintenance on carbon dioxide extinguishers at a minimum the following

additional items are required (A) conductivity tester and (B) conductivity test label

(8) if performing internal maintenance for portable extinguishers a written notice must be kept on file indicating the registered firm performing the maintenance or at a minimum the following additional items are required

(A) appropriate tools to remove and reinstall a valve head (B) charging adapters (C) Teflon tape silicone grease solvent or other lubricant used (D) supply of spare parts for respective manufacturers and type of fire extinguishers serviced (E) appropriate recharge agents (F) agent fill funnels (G) light designed to be used for internal inspections (H) dry chemical closed recovery system or sufficient new dry chemical (I) leak test equipment (J) dry nitrogen cylinders regulator and calibrated gauges for pressurizing cylinders (K) verification collar rings and (L) six-year maintenance labels

(9) if performing hydrostatic testing for portable extinguishers a written notice must be kept on file indicating the registered firm performing the test or at a minimum the following additional items are required

(A) working hydrostatic test pump with flexible connection check valves and fittings (B) protective cage or barrier (C) calibrated gauges (D) drying equipment (E) hydrostatic test log and (F) hydrostatic test labels

(10) if performing maintenance for US DOT specification portable fire extinguishers a written notice must be kept on file indicating the registered firm that would perform the hydrostatic test when required or at a minimum the following additional items are required

(A) a current Type C registration issued by the State Fire Marshals Office and (B) verification of registration through the US DOT

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 13 of 26

(11) if installing or servicing a fixed fire extinguisher system at a minimum the following additional items are required

(A) copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced

(B) applicable manufacturers service manuals for the type of system and (C) any special tools or parts as required by the manufacturers manual

(f) Business vehicles All vehicles used regularly in installation service maintenance testing or certification activities must prominently display the company name telephone number and certificate-of-registration number The numbers and letters must be at least one inch in height and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle The certificate-of-registration number must be designated in the following format TX ECR-number A business vehicle must be adequately equipped for the type of service that is being provided

(g) Branch office initial certificate of registration fees and expiration dates The initial fee for a branch office certificate of registration is $100 and is not prorated Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firms main office

(h) Change of ownership (1) The total change of a firms ownership invalidates the current certificate To assure continuance of the

business a new application for a new certificate should be submitted to the state fire marshal 14 days prior to such change

(2) A partial change in a firms ownership will require a revised certificate if it affects the firms name location or mailing address

(i) Change of corporate officers Any change of corporate officers must be reported in writing to the state fire marshal within 14 days This change does not require a revised certificate

(j) Duplicate certificates A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate The certificate holder must submit written notification of the loss or destruc tion without delay accompanied by the required fee

(k) Revised certificates The change of a firms name location or mailing address requires a revised certificate Within 14 days after the change requiring the revision the registered firm must subm it written notification of the necessary change accompanied by the required fee to the State Fire Marshals Office

(l) Nontransferable A certificate is neither temporarily nor permanently transferable from one firm to another (m) Initial alignment of the expiration and renewal dates of existing branches For branch offices in existence

as of the effective date of this rule branch office certificates of registration shall expire and renew on the same date as the certificate of registration issued to the main office for that firm All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration shall be prorated accordingly

sect34511 Fire Extinguisher Licenses (a) Types of licenses Each license must be identified by type which indicates the business activity authorized

under the license (1) Type PL--For the planning supervising certifying installing or servicing of all fixed systems other than

pre-engineered systems A system planning licensee may also perform supervise or certify the installation or servicing of all pre-engineered fixed systems and portable fire extinguishers

(2) Type A--For certifying or servicing the installation of all fixed fire extinguisher systems other than pre-engineered systems or for installing certifying or servicing of all pre-engineered fixed fire extinguisher systems and the certifying and servicing of portable extinguishers

(3) Type B--For the servicing certifying and low-pressure hydrostatic testing of portables (4) Type K--For installing certifying or servicing of pre-engineered fixed fire extinguisher systems for the

protection of cooking areas and the certifying and servicing of portable extinguishers (5) Type R--For installing certifying or servicing of pre -engineered fixed residential range top fire

extinguisher systems (b) Pocket license A licensee must carry a pocket license for identification while en gaged in the activities of the

business (c) Duplicate license A duplicate license must be obtained from the state fire marshal to replace a lost or

destroyed license The license holder or registered firm must submit written notification of the loss or destruction accompanied by the required fee

(d) Revised license The change of a licensees registered firm or mailing address requires a revised license Within 14 days after the change requiring the revision the license holder or registered firm must submit written notification of the necessary change accompanied by the required fee

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 14 of 26

(e) Restrictions (1) A licensee must not engage in any act of the business unless employed by a registered firm and holding

an unexpired license (2) A license is neither temporarily nor permanently transferable from one person to another (3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a

licensee (4) A Type A or Type K license will not be issued to an individual unless the individual has held an apprentice

permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state

(5) It will not be necessary for the applicant of a Type R license to hold an apprentice permit prior to the issuance of a Type R license

sect34512 Apprentice Permit (a) Pocket permit A permit holder must carry a pocket permit for identification while engaging in the business (b) Duplicate permit A duplicate permit must be obtained from the state fire marshal to replace a lost or

destroyed permit The permit holder and his employer must submit written notification of the loss or destruction without delay accompanied by the required fee

(c) Revised permits The change of a permittees employer home address or mailing address requires a revised permit Within 14 days after the change requiring the revision the permit holder or registered firm must submit written notification to the State Fire Marshals Office of the necessary change accompanied by the required fee

(d) Nontransferable A permit is neither temporarily nor permanently transferable from one person to another (e) Apprentice An individual holding a current apprentice permit may under the direct supervision of the

licensee assist in all respective services of the licensee however the licensee must sign all documents requiring the licensees signature

sect34513 Alteration of Certificates Licenses or Permits Alteration of such documents renders them invalid and is the basis for administrative act ion pursuant to Insurance Code sect6001252

sect34514 Applications (a) Certificates of registration

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the state fire marshals office

(2) Applications must be signed by the sole proprietor or by each partner of a partnership or by an officer of a corporation For corporations the application must be accompanied by the corporate charter of a Texas corporation or in the case of a foreign corporation a copy of the Texas certificate of authority to do business For applicants using an assumed name the application must be accompanied by evidence of compliance with the Assumed Business or Professional Name Act Texas Business and Commerce Code Chapter 71 The application must also include written authorization by the applicant permitting the state fire marshal or the state fir e marshals representative to enter examine and inspect any premises building room or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6001 and this subchapter

(3) For corporations the application must also include the corporate taxpayer identification number the charter number and a copy of the corporations current franchise tax Certificate of Good Standing issued by the state comptrollers office

(4) Applications for Type C certificates must be accompanied by a copy of the US DOT letter registering the applicants facility and that issues a registration number to the facility

(5) The applicant must comply with the following requirements concerning liability insurance (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the

applicant files a proof of liability insurance with the State Fire Marshals Office The insurance must include products and completed operations coverage

(B) Each registered firm must maintain in force and on file in the State Fire Marshals Office the certificate of insurance as required

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 15 of 26

(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 16 of 26

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 7: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

(c) The evidence of insurance required by this section must be in the form of a certificate of insurance executed by an insurer authorized to engage in the business of insurance in this state and countersigned by an insurance agent licensed in this state A certificate of insurance for surplus lines coverage procured in compliance with Chapter 981 through a surplus lines agent that is licensed under Subchapter E Chapter 981 and resident in this state may be filed with the department as evidence of the coverage required by this section

(d) An insurance certificate executed and filed with the department under this section remains in force until the insurer has terminated future liability by the notice required by the department

(e) Failure to maintain the liability insurance required by this section constitutes grounds for the denial suspension or revocation after notice and opportunity for hearing of a registration certificate issued under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001155 EM PLOYEE LICENSE REQUIRED (a) Except as provided by Section 6001156 an individual other than an apprentice must hold a license issued

by the department before (1) installing or servicing portable fire extinguishers (2) installing servicing or certifying preengineered fixed fire extinguisher systems or (3) planning supervising servicing or certifying the installation of fixed fire extinguisher systems other

than preengineered systems (b) An individual who holds a license to install or service portable fire extinguishers or install and service fixed

fire extinguisher systems must be an employee or agent of a registered firm

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001156 ACTIVITIES NOT REGULATED BY CHAPTER (a) The licensing provisions of this chapter do not apply to

(1) the filling or charging of a portable fire extinguisher by the manufacturer before initial sale of the fire extinguisher

(2) the servicing by a firm of the firms portable fire extinguishers or fixed systems by the firms personnel who are specially trained for that servicing

(2-a) the inspection of a firmrsquos portable fire extinguisher by a person who is (A) specially trained to perform portable fire extinguisher inspections and (B) under contract with the firm for that purpose

(3) the installation of portable fire extinguishers in a building by the building owner the owners managing agent or an employee of the building owner or the owners managing agent

(4) the installation or servicing of water sprinkler systems installed in compliance with the National Fire Protection Associations Standards for the Installation of Sprinkler Systems

(5) a firm that is engaged in the retail or wholesale sale of portable fire extinguishers that carry the listing of a testing laboratory approved by the department but that is not engaged in the installation or servicing of those extinguishers

(6) a fire department that services portable fire extinguishers as a public service without charge if the members of the fire department are trained in the proper servicing of the fire extinguishers

(7) a firm that is a party to a contract under which (A) the installation of portable fire extinguishers or a fixed fire extinguisher system is performed und er

the direct supervision of and certified by a firm appropriately registered to install and certify portable extinguishers or fixed systems and

(B) the registered firm assumes full responsibility for the installation or (8) an engineer licensed under Chapter 1001 Occupations Code while acting solely in the engineers

professional capacity (b) Except as provided by Subsection (a) only the holder of a license or an apprentice permit issued under this

chapter may (1) install or service port able fire extinguishers or (2) install and maintain fixed fire extinguisher systems

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Added by Acts 2011 82nd Leg RS Sec 2 eff September 1 2011

Added by Acts 2013 83th Leg RS eff September 1 2013

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 6 of 26

Sec 6001157 LICENSE EXAM INATION (a) The state fire marshal shall

(1) establish the scope and type of an examination required by this chapter and (2) examine each applicant for a license under this chapter

(b) The state fire marshal may administer the examination or may enter into an agreement with a testing service

(c) If a testing service is used the state fire marshal may contract with the testing service regarding requirements for the examination including

(1) examination development (2) scheduling (3) site arrangements (4) grading (5) reporting (6) analysis or (7) other administrative duties

(d) The state fire marshal may require the testing service to (1) correspond directly with a license applicant regarding the administration of the examination (2) collect a reasonable fee from an applicant for administering the examination or (3) administer the examination at a specific location or time

(e) The state fire marshal shall adopt rules as necessary to implement examination requirements under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001158 EXAM INATION RESULTS (a) Not later than the 30th day after the date on which a licensing examination is administered under this

chapter the state fire marshal shall send notice to each examinee of the results of the examination (b) If an examination is conducted graded or reviewed by a testing service the state fire marshal shall send

notice to the examinees of the results of the examination not later than the 14th day after the date on which the state fire marshal receives the results from the testing service

(c) If the notice of the examination results will be delayed for more than 90 days after the examination date the state fire marshal before the 90th day shall send notice to the examinee of the reason for the delay

(d) The state fire marshal may require a testing service to n otify an examinee of the results of the examinees examination under Subsections (a) and (b)

(e) If requested in writing by an individual who fails the licensing examination administered under this chapter the state fire marshal shall send to the individual an analysis of the individuals performance on the examination

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001159 CONTINUING EDUCATION REQUIREMENTS (a) The commissioner may adopt procedures for certifying and may certify continuing education programs for

individuals licensed under this chapter (b) Participation in the continuing education programs is voluntary

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001160 RECIPROCAL LICENSE The department may waive any license requirement for an applicant who holds a license issued by another state that has license requirements substantially equivalent to the license requirements of this state

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001161 APPRENTICE PERMIT REQUIRED (a) An individual may not install or service portable fire extinguishers or fixed fire extinguisher systems as an

apprentice unless the individual holds an apprentice permit issued by the department (b) An apprentice may perform a service described by Subsection (a) only under the direct supervision of an

individual who holds a license issued under this chapter and who works for the same firm as the apprentice

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001162 NOT TRANSFERABLE A registration certificate license or permit issued under this chapter is not transferable

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 7 of 26

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER E RENEWAL OF REGISTRATION LICENSE OR PERMIT

Sec 6001201 RENEWAL REQUIRED FEE (a) A renewal of a registration certificate or license issued under this chapter is valid for a period of two

years The license or registration fee for each year of the two-year period is payable on renewal (b) An apprentice permit expires on the first anniversary of the date of issuance (c) The commissioner by rule may adopt a system under which registration certificates licenses and permits

expire on various dates during the year For the year in which an expiration date of a registration certificate license or permit is less than one year from its issuance or anniversary date the fee shall be prorated on a monthly basis so that each holder of a registration certificate license or permit pays only that portion of the renewal fee that is allocable to the number of months during which the registration certificate license or permit is valid On each subsequent renewal the total renewal fee is payable

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001202 NOTICE OF EXPIRATION At least 30 days before the expiration date of a registration certificate or license the state fire marshal shall send written notice of the impending expiration to the holder of the registration certificate or license at the holders last known address

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001203 RENEWAL PROCEDURES (a) The holder of an unexpired registration certificate or license may renew the certificate or license by paying

the required renewal fee to the department before the expiration date of the certificate or license (b) A firm or individual whose registration certificate or license has been expired for 90 days or less may renew

the certificate or license by paying to the department (1) the required renewal fee and (2) a fee equal to one-half of the initial fee for the certificate or license

(c) A firm or individual whose registration certificate or license has been expired for more than 90 days but less than two years may renew the certificate or license by paying to the department

(1) all unpaid renewal fees and (2) a fee that is equal to the initial fee for the certificate or license

(d) A firm or individual whose registration certificate or license has been expired for two years or longer may not renew the certificate or license The firm or individual may obtain a new registration certificate or license by complying with the requirements and procedures for obtaining an initial registration certificate or license

(e) This section may not be construed to prevent the department from denying or refusing to renew a license under applicable law or commissioner rules

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER F PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

Sec 6001251 PROHIBITED PRACTICES (a) An individual or firm may not

(1) engage in the business of installing or servicing portable fire extinguishers without holding a registration certificate

(2) engage in the business of planning certifying installing or servicing fixed fire extinguisher systems without holding a registration certificate

(3) install service or certify the servicing of portable fire extinguishers or plan certify service or install fixed fire extinguisher systems without holding a license

(4) perform hydrostatic testing of fire extinguisher cylinders manufactured in accordance with the specifications and requirements of the United States Department of Transportation without holding a hydrostatic testing registration certificate

(5) obtain or attempt to obtain a registration certificate or license by fraudulent representation (6) install or service portable fire extinguishers or plan certify service or install fixed fire extinguisher

systems in violation of this chapter or the rules adopted and administered under this chapter

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 8 of 26

(7) except as provided by Subsection (b) install service or hydrostatically test a fire extinguisher that does not have the proper identifying labels

(8) sell install service or recharge a carbon tetrachloride fire extinguisher or (9) except as provided by Subsection (b) lease sell service or install a portable fire extinguisher a fixed

fire extinguisher system or extinguisher equipment unless it carries an approval label or listing lab el issued by a testing laboratory approved by the department

(b) The commissioner by rule shall permit an individual or firm to service a portable fire extinguisher regardless of whether the extinguisher carries a label described by Subsection (a)

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001252 DISCIPLINARY ACTIONS (a) The state fire marshal may suspend revoke or refuse to issue or renew a registration certificate license

or permit if after notice and hearing the state fire marshal finds that the applicant registrant license holder or permit holder has engaged in acts that

(1) violate this chapter (2) violate rules or standards adopted under this chapter or (3) constitute misrepresentation made in connection with

(A) the sale of products or (B) services rendered

(b) Subject to Section 6001253 the commissioner may suspend revoke or refuse to issue or renew a certificate license permit or approval

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001253 DISCIPLINARY HEARING (a) If the state fire marshal proposes to suspend revoke or refuse to renew a license permit certificate or

approval issued under this chapter the holder of the license permit certificate or approval is entitled to a hearing conducted by the State Office of Administrative Hearings

(b) Proceedings for a disciplinary action are governed by Chapter 2001 Government Code (c) Rules of practice adopted by the commissioner applicable to the proceedings for a disciplinary action may

not conflict with rules adopted by the State Office of Administrative Hearings

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001254 REAPPLICATION REQUIREM ENTS (a) An applicant or holder of a registration certificate license or permit whose certificate license or permit has

been refused or revoked under this chapter other than for failure to pass a required written exam ination may not file another application for a registration certificate license or permit before the first anniversary of the effective date of the refusal or revocation

(b) After the first anniversary of the effective date of the refusal or revocation the applicant may (1) reapply and (2) in a public hearing show good cause why the issuance of the registration certificate license or permit

is not against the public safety and welfare

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J 001 eff April 1 2009

Sec 6001255 REEXAMINATION AFTER REVOCATION An individual whose license to service portable fire extinguishers or to install or service fixed fire extinguisher systems has been revoked must retake and pass the required written examination before a new license may be issued

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 9 of 26

SUBCHAPTER G CRIMINAL PENALTY

Sec 6001301 CRIMINAL PENALTY (a) A person commits an offense if the person knowingly violates Section 6001251(a) (b) An offense under this section is a Class B misdemeanor (c) Venue for an offense under this section is in Travis County or the county in which the offense is committed

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Texas Insurance Code Article 543-1 Fire E xti nguishers Acts 1971 62nd Leg p 1993 ch 616 eff June 4 1971 Amended by Acts 1975 64th Leg p 899 ch 335 sect 1 eff June 19 1975 Acts 1979 66th Leg p 903 ch 412 sect 1 eff Aug 27 1979 Acts 1981 67th Leg p 416 ch 175 sect 1 eff Sept 1 1981 Acts 198 3 68th Leg p 1091 ch 245 sectsect 1 to 3 eff May 27 1983 Acts 1983 68th Leg p 3934 ch 622 sectsect 24 47 eff Sept 1 1983 Acts 1987 70th Leg ch 267 sectsect 1 to 10 eff June 5 1987 Acts 1989 71st Leg ch 762 sectsect 1 2 4 to 8 21 eff June 15 1989 Acts 1989 71st Leg ch 7 62 sect 3 eff Sept 1 1989 Acts 1989 71st Leg ch 823 sectsect 1 to 3 eff June 14 1989 Acts 1991 72nd Leg ch 628 sectsect 11 12 eff Sept 1 1991 Acts 1997 75th Leg ch 1172 sectsect 401 to 404 414 eff Sept 1 1997 Acts 2001 77th Leg ch 2 35 sectsect 1 2 eff Sept 1 2001 Acts 2003 78th Leg ch 1014 sectsect 1 2 eff June 20 2003

Texas Insurance Code Chapter 6001 Fire E xtinguisher S ervice and Installatio n Re-codified with no nsubstantive changes HB2636 80th Leg Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009 Added by Acts 2011 82nd Leg R S Sec 1 eff September 1 2011 Added by Acts 2013 83rd Leg RS eff September 1 2013

Sections amended September 1 2013 are marked with a vertical line in the margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 10 of 26

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

TEXAS ADMINISTRATIVE CODE TITLE 28 TEXAS DEPARTMENT OF INSURANCE PART 1 TEXAS DEPARTMENT OF INSURANCE

CHAPTER 34 STATE FIRE M ARSHAL SUBCHAPTER E FIRE EXTINGUISHER AND INSTALLATION

28 TAC sectsect34501-34524

sect34501 Purpose The purpose of this subchapter is to regulate the business of leasing renting selling installing and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and to prohibit portable fire extinguishers fixed fire extinguisher systems and extinguis her equipment not listed by a testing laboratory approved by the commissioner in the interests of protecting and preserving lives and property under Insurance Code Chapter 6001

sect34502 Title These sections of this subchapter shall be known and may be cited as the extinguisher rules and shall be administered by and through the state fire marshal

sect34503 Applicability of Subchapter This subchapter shall apply to all firms and persons engaged in the business of leasing renting selling installi ng and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and not to the general public

sect34504 Exceptions The exceptions of Insurance Code sect6001156 are applicable to the sections of this subchapter

sect34505 Notices Notice by the state fire marshal and required by any provisions of the statutes or of this subchapter must be given by personal service or mailed postage prepaid to the persons residence or business address as it appears on the records in the Office of the State Fire Marshal

sect34506 Definitions The following words and terms when used in this subchapter have the following meanings unless the context clearly indicates otherwise

(1) Apprentice--A person to whom a permit has been issued by the state fire marshal to perform various acts of service or installation while under the direct supervision of a person working for the same firm and holding a valid fire extinguisher service license to perform such acts

(2) Business--The planning certifying installing leasing renting selling or servicing of portable fire extinguishers or fixed fire extinguisher systems

(3) Certificate--The certificate of registration issued by the state fire m arshal (4) Certify--To attest to the proper planning installing or servicing of portables and systems by attaching a

completed service tag or other form required by a governmental authority (5) Commissioner--The commissioner of insurance (6) Department--The Texas Department of Insurance (7) DOT Specification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured tested and

stamped with the specification number as required by the United States Department of Transportation (8) DOT Nonspecification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured and

tested but not stamped with a specification number as required by the United States Department of Transportation These cylinders may be marked by a label with the words Meets DOT Requirements

(9) Installation--The initial placement of a portable or fixed fire extinguisher system or an extension or alteration after initial placement

(10) License--The license issued by the state fire marshal to an employee of a registered firm

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 11 of 26

(11) NFPA--The National Fire Protection Association Inc a nationally recognized standards -making organization

(12) NICET--National Institute for Certification in Engineering Technologies (13) Outsource testing service--The testing service selected by the state fire marshal to administer certain

designated qualifying tests for licenses under this subchapter (14) Person--A natural person (15) Plan--To lay out detail draw calculate devise or arrang e an assembly of detection or suppression

devices and appurtenances in accordance with either fire protection standards adopted in this subchapter or specifications specially designed by a Texas registered professional engineer acting solely in his profess ional capacity

(16) Registered firm--A person partnership corporation or association holding a current certificate of registration

(17) Shop--A facility whether at a specific location or in a mobile unit of a registered firm where servicing repairing or hydrostatic testing is performed and where parts and equipment which are required by this subchapter or in the adopted standards are maintained

(18) Test--The act of subjecting a portable or fixed system to any procedure necessary to det ermine whether it is properly installed or operates correctly

(19) Direct supervision--The oversight by a licensee of the services performed by another licensee or permittee The licensee performing the direct supervision at the shop must be present at all times on the premises where the supervised licensee or permittee is performing the service When not at the shop the individual being supervised must be within sight of the licensee performing the direct supervision when installing or servicing portable fire extinguishers or pre-engineered fixed fire extinguisher systems The licensee performing the direct supervision of an engineered fixed fire extinguisher system is not required to be on -site at all times when the installation is performed

sect34507 Adopted Standards The commissioner adopts by reference in their entirety except as noted the following copyrighted standards and recommendations in this subchapter If a standard refers to a provision in a specific edition of another standard the provision is applicable only if it does not conflict with the adopted standard shown in this section The standards are published by and available from the National Fire Protection Association Inc (NFPA) Batterymarch Park Quincy Massachusetts 02269 A copy of the standards will be available for public inspection in the State Fire Marshals Office

(1) NFPA 10-2013 Standard for Portable Fire Extinguishers (2) NFPA 11-2010 Standard for Low- Medium- and High-Expansion Foam and Combined Agent Systems (3) NFPA 12-2011 Standard on Carbon Dioxide Extinguishing Systems (4) NFPA 12A-2009 Standard on Halon 1301 Fire Extinguishing Systems (5) NFPA 15-2012 Standard for Water Spray Fixed Systems for Fire Protection (6) NFPA 16-2011 Standard for the Installation of Foam-W ater Sprinkler and Foam-Water Spray Systems (7) NFPA 17-2013 Standard for Dry Chemical Extinguishing Systems (8) NFPA 17A-2013 Standard for Wet Chemical Extinguishing Systems (9) NFPA 18-2011 Standard on W etting Agents (10) NFPA 25-2014 Standard for the Inspection Testing and Maintenance of W ater-Based Fire Protection

Systems (11) NFPA 33-2011 Standard for Spray Application Using Flammable or Combustible Materials (12) NFPA 96-2014 Standard for Ventilation Control and Fire Protection of Commercial Cooking

Operations (13) NFPA 2001-2012 Standard on Clean Agent Fire Extinguishing Systems (14) NFPA 2010-2010 Standard for Fixed Aerosol Fire-Extinguishing Systems

sect34508 Approved Testing Laboratories The commissioner approves an organization as an approved testing laboratory which lists equipment and appurtenances for use in compliance with standards adopted in sect34507 of this title (relating to Adopted Standards) if the organization meets the requirem ents of an approved testing laboratory in accordance with Subchapter D of this title (relating to Testing Laboratory Rules)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 12 of 26

sect34509 Approved Certification Organization The commissioner approves the National Institute for Certification in Engineering Technologies (NICET) as a testing standards organization for testing license applicants

sect34510 Certificates of Registration (a) Required Each firm and each branch office engaged in the business must obtain a certificate of registration

from the state fire marshal (b) Properly equipped licensed person Before engaging in the business each registered firm must have at

least one licensed person who must be properly equipped to perform the act or acts authorized by its certificate (c) Types of certificates The business activity authorized by the certificate is limited to the business activity(ies)

authorized under the license of its employees A separate Type C registration is required to engage in the business of hydrostatic testing of US Department of Transportation (US DOT) specification fire extinguisher cylinders

(d) Business location Each registered firm must maintain a specific business location and the business location must be indicated on the certificate

(e) Shop A registered firm must establish and maintain a shop whether at a specific business location or in a mobile unit designed so that servicing repairing or hydrostatic testing can be performed The shop must be adequately equipped to service or test all fire extinguishers or systems the registered firm installs and services At a minimum a firm must maintain the following

(1) a copy of the most recently adopted edition of NFPA 10 (2) a copy of the most recently adopted Insurance Code Chapter 6001 and this chapter (3) a list of manufacturers or types of portable extinguishers serviced with their respective manuals or part

lists (4) portable scale to accurately measure extinguisher gross weights (5) seals or tamper indicators (6) temporary fire extinguishers replacements (7) if performing annual maintenance on carbon dioxide extinguishers at a minimum the following

additional items are required (A) conductivity tester and (B) conductivity test label

(8) if performing internal maintenance for portable extinguishers a written notice must be kept on file indicating the registered firm performing the maintenance or at a minimum the following additional items are required

(A) appropriate tools to remove and reinstall a valve head (B) charging adapters (C) Teflon tape silicone grease solvent or other lubricant used (D) supply of spare parts for respective manufacturers and type of fire extinguishers serviced (E) appropriate recharge agents (F) agent fill funnels (G) light designed to be used for internal inspections (H) dry chemical closed recovery system or sufficient new dry chemical (I) leak test equipment (J) dry nitrogen cylinders regulator and calibrated gauges for pressurizing cylinders (K) verification collar rings and (L) six-year maintenance labels

(9) if performing hydrostatic testing for portable extinguishers a written notice must be kept on file indicating the registered firm performing the test or at a minimum the following additional items are required

(A) working hydrostatic test pump with flexible connection check valves and fittings (B) protective cage or barrier (C) calibrated gauges (D) drying equipment (E) hydrostatic test log and (F) hydrostatic test labels

(10) if performing maintenance for US DOT specification portable fire extinguishers a written notice must be kept on file indicating the registered firm that would perform the hydrostatic test when required or at a minimum the following additional items are required

(A) a current Type C registration issued by the State Fire Marshals Office and (B) verification of registration through the US DOT

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 13 of 26

(11) if installing or servicing a fixed fire extinguisher system at a minimum the following additional items are required

(A) copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced

(B) applicable manufacturers service manuals for the type of system and (C) any special tools or parts as required by the manufacturers manual

(f) Business vehicles All vehicles used regularly in installation service maintenance testing or certification activities must prominently display the company name telephone number and certificate-of-registration number The numbers and letters must be at least one inch in height and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle The certificate-of-registration number must be designated in the following format TX ECR-number A business vehicle must be adequately equipped for the type of service that is being provided

(g) Branch office initial certificate of registration fees and expiration dates The initial fee for a branch office certificate of registration is $100 and is not prorated Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firms main office

(h) Change of ownership (1) The total change of a firms ownership invalidates the current certificate To assure continuance of the

business a new application for a new certificate should be submitted to the state fire marshal 14 days prior to such change

(2) A partial change in a firms ownership will require a revised certificate if it affects the firms name location or mailing address

(i) Change of corporate officers Any change of corporate officers must be reported in writing to the state fire marshal within 14 days This change does not require a revised certificate

(j) Duplicate certificates A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate The certificate holder must submit written notification of the loss or destruc tion without delay accompanied by the required fee

(k) Revised certificates The change of a firms name location or mailing address requires a revised certificate Within 14 days after the change requiring the revision the registered firm must subm it written notification of the necessary change accompanied by the required fee to the State Fire Marshals Office

(l) Nontransferable A certificate is neither temporarily nor permanently transferable from one firm to another (m) Initial alignment of the expiration and renewal dates of existing branches For branch offices in existence

as of the effective date of this rule branch office certificates of registration shall expire and renew on the same date as the certificate of registration issued to the main office for that firm All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration shall be prorated accordingly

sect34511 Fire Extinguisher Licenses (a) Types of licenses Each license must be identified by type which indicates the business activity authorized

under the license (1) Type PL--For the planning supervising certifying installing or servicing of all fixed systems other than

pre-engineered systems A system planning licensee may also perform supervise or certify the installation or servicing of all pre-engineered fixed systems and portable fire extinguishers

(2) Type A--For certifying or servicing the installation of all fixed fire extinguisher systems other than pre-engineered systems or for installing certifying or servicing of all pre-engineered fixed fire extinguisher systems and the certifying and servicing of portable extinguishers

(3) Type B--For the servicing certifying and low-pressure hydrostatic testing of portables (4) Type K--For installing certifying or servicing of pre-engineered fixed fire extinguisher systems for the

protection of cooking areas and the certifying and servicing of portable extinguishers (5) Type R--For installing certifying or servicing of pre -engineered fixed residential range top fire

extinguisher systems (b) Pocket license A licensee must carry a pocket license for identification while en gaged in the activities of the

business (c) Duplicate license A duplicate license must be obtained from the state fire marshal to replace a lost or

destroyed license The license holder or registered firm must submit written notification of the loss or destruction accompanied by the required fee

(d) Revised license The change of a licensees registered firm or mailing address requires a revised license Within 14 days after the change requiring the revision the license holder or registered firm must submit written notification of the necessary change accompanied by the required fee

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 14 of 26

(e) Restrictions (1) A licensee must not engage in any act of the business unless employed by a registered firm and holding

an unexpired license (2) A license is neither temporarily nor permanently transferable from one person to another (3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a

licensee (4) A Type A or Type K license will not be issued to an individual unless the individual has held an apprentice

permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state

(5) It will not be necessary for the applicant of a Type R license to hold an apprentice permit prior to the issuance of a Type R license

sect34512 Apprentice Permit (a) Pocket permit A permit holder must carry a pocket permit for identification while engaging in the business (b) Duplicate permit A duplicate permit must be obtained from the state fire marshal to replace a lost or

destroyed permit The permit holder and his employer must submit written notification of the loss or destruction without delay accompanied by the required fee

(c) Revised permits The change of a permittees employer home address or mailing address requires a revised permit Within 14 days after the change requiring the revision the permit holder or registered firm must submit written notification to the State Fire Marshals Office of the necessary change accompanied by the required fee

(d) Nontransferable A permit is neither temporarily nor permanently transferable from one person to another (e) Apprentice An individual holding a current apprentice permit may under the direct supervision of the

licensee assist in all respective services of the licensee however the licensee must sign all documents requiring the licensees signature

sect34513 Alteration of Certificates Licenses or Permits Alteration of such documents renders them invalid and is the basis for administrative act ion pursuant to Insurance Code sect6001252

sect34514 Applications (a) Certificates of registration

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the state fire marshals office

(2) Applications must be signed by the sole proprietor or by each partner of a partnership or by an officer of a corporation For corporations the application must be accompanied by the corporate charter of a Texas corporation or in the case of a foreign corporation a copy of the Texas certificate of authority to do business For applicants using an assumed name the application must be accompanied by evidence of compliance with the Assumed Business or Professional Name Act Texas Business and Commerce Code Chapter 71 The application must also include written authorization by the applicant permitting the state fire marshal or the state fir e marshals representative to enter examine and inspect any premises building room or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6001 and this subchapter

(3) For corporations the application must also include the corporate taxpayer identification number the charter number and a copy of the corporations current franchise tax Certificate of Good Standing issued by the state comptrollers office

(4) Applications for Type C certificates must be accompanied by a copy of the US DOT letter registering the applicants facility and that issues a registration number to the facility

(5) The applicant must comply with the following requirements concerning liability insurance (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the

applicant files a proof of liability insurance with the State Fire Marshals Office The insurance must include products and completed operations coverage

(B) Each registered firm must maintain in force and on file in the State Fire Marshals Office the certificate of insurance as required

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 15 of 26

(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 16 of 26

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 8: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

Sec 6001157 LICENSE EXAM INATION (a) The state fire marshal shall

(1) establish the scope and type of an examination required by this chapter and (2) examine each applicant for a license under this chapter

(b) The state fire marshal may administer the examination or may enter into an agreement with a testing service

(c) If a testing service is used the state fire marshal may contract with the testing service regarding requirements for the examination including

(1) examination development (2) scheduling (3) site arrangements (4) grading (5) reporting (6) analysis or (7) other administrative duties

(d) The state fire marshal may require the testing service to (1) correspond directly with a license applicant regarding the administration of the examination (2) collect a reasonable fee from an applicant for administering the examination or (3) administer the examination at a specific location or time

(e) The state fire marshal shall adopt rules as necessary to implement examination requirements under this chapter

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001158 EXAM INATION RESULTS (a) Not later than the 30th day after the date on which a licensing examination is administered under this

chapter the state fire marshal shall send notice to each examinee of the results of the examination (b) If an examination is conducted graded or reviewed by a testing service the state fire marshal shall send

notice to the examinees of the results of the examination not later than the 14th day after the date on which the state fire marshal receives the results from the testing service

(c) If the notice of the examination results will be delayed for more than 90 days after the examination date the state fire marshal before the 90th day shall send notice to the examinee of the reason for the delay

(d) The state fire marshal may require a testing service to n otify an examinee of the results of the examinees examination under Subsections (a) and (b)

(e) If requested in writing by an individual who fails the licensing examination administered under this chapter the state fire marshal shall send to the individual an analysis of the individuals performance on the examination

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001159 CONTINUING EDUCATION REQUIREMENTS (a) The commissioner may adopt procedures for certifying and may certify continuing education programs for

individuals licensed under this chapter (b) Participation in the continuing education programs is voluntary

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001160 RECIPROCAL LICENSE The department may waive any license requirement for an applicant who holds a license issued by another state that has license requirements substantially equivalent to the license requirements of this state

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001161 APPRENTICE PERMIT REQUIRED (a) An individual may not install or service portable fire extinguishers or fixed fire extinguisher systems as an

apprentice unless the individual holds an apprentice permit issued by the department (b) An apprentice may perform a service described by Subsection (a) only under the direct supervision of an

individual who holds a license issued under this chapter and who works for the same firm as the apprentice

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001162 NOT TRANSFERABLE A registration certificate license or permit issued under this chapter is not transferable

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 7 of 26

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER E RENEWAL OF REGISTRATION LICENSE OR PERMIT

Sec 6001201 RENEWAL REQUIRED FEE (a) A renewal of a registration certificate or license issued under this chapter is valid for a period of two

years The license or registration fee for each year of the two-year period is payable on renewal (b) An apprentice permit expires on the first anniversary of the date of issuance (c) The commissioner by rule may adopt a system under which registration certificates licenses and permits

expire on various dates during the year For the year in which an expiration date of a registration certificate license or permit is less than one year from its issuance or anniversary date the fee shall be prorated on a monthly basis so that each holder of a registration certificate license or permit pays only that portion of the renewal fee that is allocable to the number of months during which the registration certificate license or permit is valid On each subsequent renewal the total renewal fee is payable

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001202 NOTICE OF EXPIRATION At least 30 days before the expiration date of a registration certificate or license the state fire marshal shall send written notice of the impending expiration to the holder of the registration certificate or license at the holders last known address

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001203 RENEWAL PROCEDURES (a) The holder of an unexpired registration certificate or license may renew the certificate or license by paying

the required renewal fee to the department before the expiration date of the certificate or license (b) A firm or individual whose registration certificate or license has been expired for 90 days or less may renew

the certificate or license by paying to the department (1) the required renewal fee and (2) a fee equal to one-half of the initial fee for the certificate or license

(c) A firm or individual whose registration certificate or license has been expired for more than 90 days but less than two years may renew the certificate or license by paying to the department

(1) all unpaid renewal fees and (2) a fee that is equal to the initial fee for the certificate or license

(d) A firm or individual whose registration certificate or license has been expired for two years or longer may not renew the certificate or license The firm or individual may obtain a new registration certificate or license by complying with the requirements and procedures for obtaining an initial registration certificate or license

(e) This section may not be construed to prevent the department from denying or refusing to renew a license under applicable law or commissioner rules

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER F PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

Sec 6001251 PROHIBITED PRACTICES (a) An individual or firm may not

(1) engage in the business of installing or servicing portable fire extinguishers without holding a registration certificate

(2) engage in the business of planning certifying installing or servicing fixed fire extinguisher systems without holding a registration certificate

(3) install service or certify the servicing of portable fire extinguishers or plan certify service or install fixed fire extinguisher systems without holding a license

(4) perform hydrostatic testing of fire extinguisher cylinders manufactured in accordance with the specifications and requirements of the United States Department of Transportation without holding a hydrostatic testing registration certificate

(5) obtain or attempt to obtain a registration certificate or license by fraudulent representation (6) install or service portable fire extinguishers or plan certify service or install fixed fire extinguisher

systems in violation of this chapter or the rules adopted and administered under this chapter

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 8 of 26

(7) except as provided by Subsection (b) install service or hydrostatically test a fire extinguisher that does not have the proper identifying labels

(8) sell install service or recharge a carbon tetrachloride fire extinguisher or (9) except as provided by Subsection (b) lease sell service or install a portable fire extinguisher a fixed

fire extinguisher system or extinguisher equipment unless it carries an approval label or listing lab el issued by a testing laboratory approved by the department

(b) The commissioner by rule shall permit an individual or firm to service a portable fire extinguisher regardless of whether the extinguisher carries a label described by Subsection (a)

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001252 DISCIPLINARY ACTIONS (a) The state fire marshal may suspend revoke or refuse to issue or renew a registration certificate license

or permit if after notice and hearing the state fire marshal finds that the applicant registrant license holder or permit holder has engaged in acts that

(1) violate this chapter (2) violate rules or standards adopted under this chapter or (3) constitute misrepresentation made in connection with

(A) the sale of products or (B) services rendered

(b) Subject to Section 6001253 the commissioner may suspend revoke or refuse to issue or renew a certificate license permit or approval

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001253 DISCIPLINARY HEARING (a) If the state fire marshal proposes to suspend revoke or refuse to renew a license permit certificate or

approval issued under this chapter the holder of the license permit certificate or approval is entitled to a hearing conducted by the State Office of Administrative Hearings

(b) Proceedings for a disciplinary action are governed by Chapter 2001 Government Code (c) Rules of practice adopted by the commissioner applicable to the proceedings for a disciplinary action may

not conflict with rules adopted by the State Office of Administrative Hearings

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001254 REAPPLICATION REQUIREM ENTS (a) An applicant or holder of a registration certificate license or permit whose certificate license or permit has

been refused or revoked under this chapter other than for failure to pass a required written exam ination may not file another application for a registration certificate license or permit before the first anniversary of the effective date of the refusal or revocation

(b) After the first anniversary of the effective date of the refusal or revocation the applicant may (1) reapply and (2) in a public hearing show good cause why the issuance of the registration certificate license or permit

is not against the public safety and welfare

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J 001 eff April 1 2009

Sec 6001255 REEXAMINATION AFTER REVOCATION An individual whose license to service portable fire extinguishers or to install or service fixed fire extinguisher systems has been revoked must retake and pass the required written examination before a new license may be issued

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 9 of 26

SUBCHAPTER G CRIMINAL PENALTY

Sec 6001301 CRIMINAL PENALTY (a) A person commits an offense if the person knowingly violates Section 6001251(a) (b) An offense under this section is a Class B misdemeanor (c) Venue for an offense under this section is in Travis County or the county in which the offense is committed

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Texas Insurance Code Article 543-1 Fire E xti nguishers Acts 1971 62nd Leg p 1993 ch 616 eff June 4 1971 Amended by Acts 1975 64th Leg p 899 ch 335 sect 1 eff June 19 1975 Acts 1979 66th Leg p 903 ch 412 sect 1 eff Aug 27 1979 Acts 1981 67th Leg p 416 ch 175 sect 1 eff Sept 1 1981 Acts 198 3 68th Leg p 1091 ch 245 sectsect 1 to 3 eff May 27 1983 Acts 1983 68th Leg p 3934 ch 622 sectsect 24 47 eff Sept 1 1983 Acts 1987 70th Leg ch 267 sectsect 1 to 10 eff June 5 1987 Acts 1989 71st Leg ch 762 sectsect 1 2 4 to 8 21 eff June 15 1989 Acts 1989 71st Leg ch 7 62 sect 3 eff Sept 1 1989 Acts 1989 71st Leg ch 823 sectsect 1 to 3 eff June 14 1989 Acts 1991 72nd Leg ch 628 sectsect 11 12 eff Sept 1 1991 Acts 1997 75th Leg ch 1172 sectsect 401 to 404 414 eff Sept 1 1997 Acts 2001 77th Leg ch 2 35 sectsect 1 2 eff Sept 1 2001 Acts 2003 78th Leg ch 1014 sectsect 1 2 eff June 20 2003

Texas Insurance Code Chapter 6001 Fire E xtinguisher S ervice and Installatio n Re-codified with no nsubstantive changes HB2636 80th Leg Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009 Added by Acts 2011 82nd Leg R S Sec 1 eff September 1 2011 Added by Acts 2013 83rd Leg RS eff September 1 2013

Sections amended September 1 2013 are marked with a vertical line in the margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 10 of 26

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

TEXAS ADMINISTRATIVE CODE TITLE 28 TEXAS DEPARTMENT OF INSURANCE PART 1 TEXAS DEPARTMENT OF INSURANCE

CHAPTER 34 STATE FIRE M ARSHAL SUBCHAPTER E FIRE EXTINGUISHER AND INSTALLATION

28 TAC sectsect34501-34524

sect34501 Purpose The purpose of this subchapter is to regulate the business of leasing renting selling installing and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and to prohibit portable fire extinguishers fixed fire extinguisher systems and extinguis her equipment not listed by a testing laboratory approved by the commissioner in the interests of protecting and preserving lives and property under Insurance Code Chapter 6001

sect34502 Title These sections of this subchapter shall be known and may be cited as the extinguisher rules and shall be administered by and through the state fire marshal

sect34503 Applicability of Subchapter This subchapter shall apply to all firms and persons engaged in the business of leasing renting selling installi ng and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and not to the general public

sect34504 Exceptions The exceptions of Insurance Code sect6001156 are applicable to the sections of this subchapter

sect34505 Notices Notice by the state fire marshal and required by any provisions of the statutes or of this subchapter must be given by personal service or mailed postage prepaid to the persons residence or business address as it appears on the records in the Office of the State Fire Marshal

sect34506 Definitions The following words and terms when used in this subchapter have the following meanings unless the context clearly indicates otherwise

(1) Apprentice--A person to whom a permit has been issued by the state fire marshal to perform various acts of service or installation while under the direct supervision of a person working for the same firm and holding a valid fire extinguisher service license to perform such acts

(2) Business--The planning certifying installing leasing renting selling or servicing of portable fire extinguishers or fixed fire extinguisher systems

(3) Certificate--The certificate of registration issued by the state fire m arshal (4) Certify--To attest to the proper planning installing or servicing of portables and systems by attaching a

completed service tag or other form required by a governmental authority (5) Commissioner--The commissioner of insurance (6) Department--The Texas Department of Insurance (7) DOT Specification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured tested and

stamped with the specification number as required by the United States Department of Transportation (8) DOT Nonspecification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured and

tested but not stamped with a specification number as required by the United States Department of Transportation These cylinders may be marked by a label with the words Meets DOT Requirements

(9) Installation--The initial placement of a portable or fixed fire extinguisher system or an extension or alteration after initial placement

(10) License--The license issued by the state fire marshal to an employee of a registered firm

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 11 of 26

(11) NFPA--The National Fire Protection Association Inc a nationally recognized standards -making organization

(12) NICET--National Institute for Certification in Engineering Technologies (13) Outsource testing service--The testing service selected by the state fire marshal to administer certain

designated qualifying tests for licenses under this subchapter (14) Person--A natural person (15) Plan--To lay out detail draw calculate devise or arrang e an assembly of detection or suppression

devices and appurtenances in accordance with either fire protection standards adopted in this subchapter or specifications specially designed by a Texas registered professional engineer acting solely in his profess ional capacity

(16) Registered firm--A person partnership corporation or association holding a current certificate of registration

(17) Shop--A facility whether at a specific location or in a mobile unit of a registered firm where servicing repairing or hydrostatic testing is performed and where parts and equipment which are required by this subchapter or in the adopted standards are maintained

(18) Test--The act of subjecting a portable or fixed system to any procedure necessary to det ermine whether it is properly installed or operates correctly

(19) Direct supervision--The oversight by a licensee of the services performed by another licensee or permittee The licensee performing the direct supervision at the shop must be present at all times on the premises where the supervised licensee or permittee is performing the service When not at the shop the individual being supervised must be within sight of the licensee performing the direct supervision when installing or servicing portable fire extinguishers or pre-engineered fixed fire extinguisher systems The licensee performing the direct supervision of an engineered fixed fire extinguisher system is not required to be on -site at all times when the installation is performed

sect34507 Adopted Standards The commissioner adopts by reference in their entirety except as noted the following copyrighted standards and recommendations in this subchapter If a standard refers to a provision in a specific edition of another standard the provision is applicable only if it does not conflict with the adopted standard shown in this section The standards are published by and available from the National Fire Protection Association Inc (NFPA) Batterymarch Park Quincy Massachusetts 02269 A copy of the standards will be available for public inspection in the State Fire Marshals Office

(1) NFPA 10-2013 Standard for Portable Fire Extinguishers (2) NFPA 11-2010 Standard for Low- Medium- and High-Expansion Foam and Combined Agent Systems (3) NFPA 12-2011 Standard on Carbon Dioxide Extinguishing Systems (4) NFPA 12A-2009 Standard on Halon 1301 Fire Extinguishing Systems (5) NFPA 15-2012 Standard for Water Spray Fixed Systems for Fire Protection (6) NFPA 16-2011 Standard for the Installation of Foam-W ater Sprinkler and Foam-Water Spray Systems (7) NFPA 17-2013 Standard for Dry Chemical Extinguishing Systems (8) NFPA 17A-2013 Standard for Wet Chemical Extinguishing Systems (9) NFPA 18-2011 Standard on W etting Agents (10) NFPA 25-2014 Standard for the Inspection Testing and Maintenance of W ater-Based Fire Protection

Systems (11) NFPA 33-2011 Standard for Spray Application Using Flammable or Combustible Materials (12) NFPA 96-2014 Standard for Ventilation Control and Fire Protection of Commercial Cooking

Operations (13) NFPA 2001-2012 Standard on Clean Agent Fire Extinguishing Systems (14) NFPA 2010-2010 Standard for Fixed Aerosol Fire-Extinguishing Systems

sect34508 Approved Testing Laboratories The commissioner approves an organization as an approved testing laboratory which lists equipment and appurtenances for use in compliance with standards adopted in sect34507 of this title (relating to Adopted Standards) if the organization meets the requirem ents of an approved testing laboratory in accordance with Subchapter D of this title (relating to Testing Laboratory Rules)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 12 of 26

sect34509 Approved Certification Organization The commissioner approves the National Institute for Certification in Engineering Technologies (NICET) as a testing standards organization for testing license applicants

sect34510 Certificates of Registration (a) Required Each firm and each branch office engaged in the business must obtain a certificate of registration

from the state fire marshal (b) Properly equipped licensed person Before engaging in the business each registered firm must have at

least one licensed person who must be properly equipped to perform the act or acts authorized by its certificate (c) Types of certificates The business activity authorized by the certificate is limited to the business activity(ies)

authorized under the license of its employees A separate Type C registration is required to engage in the business of hydrostatic testing of US Department of Transportation (US DOT) specification fire extinguisher cylinders

(d) Business location Each registered firm must maintain a specific business location and the business location must be indicated on the certificate

(e) Shop A registered firm must establish and maintain a shop whether at a specific business location or in a mobile unit designed so that servicing repairing or hydrostatic testing can be performed The shop must be adequately equipped to service or test all fire extinguishers or systems the registered firm installs and services At a minimum a firm must maintain the following

(1) a copy of the most recently adopted edition of NFPA 10 (2) a copy of the most recently adopted Insurance Code Chapter 6001 and this chapter (3) a list of manufacturers or types of portable extinguishers serviced with their respective manuals or part

lists (4) portable scale to accurately measure extinguisher gross weights (5) seals or tamper indicators (6) temporary fire extinguishers replacements (7) if performing annual maintenance on carbon dioxide extinguishers at a minimum the following

additional items are required (A) conductivity tester and (B) conductivity test label

(8) if performing internal maintenance for portable extinguishers a written notice must be kept on file indicating the registered firm performing the maintenance or at a minimum the following additional items are required

(A) appropriate tools to remove and reinstall a valve head (B) charging adapters (C) Teflon tape silicone grease solvent or other lubricant used (D) supply of spare parts for respective manufacturers and type of fire extinguishers serviced (E) appropriate recharge agents (F) agent fill funnels (G) light designed to be used for internal inspections (H) dry chemical closed recovery system or sufficient new dry chemical (I) leak test equipment (J) dry nitrogen cylinders regulator and calibrated gauges for pressurizing cylinders (K) verification collar rings and (L) six-year maintenance labels

(9) if performing hydrostatic testing for portable extinguishers a written notice must be kept on file indicating the registered firm performing the test or at a minimum the following additional items are required

(A) working hydrostatic test pump with flexible connection check valves and fittings (B) protective cage or barrier (C) calibrated gauges (D) drying equipment (E) hydrostatic test log and (F) hydrostatic test labels

(10) if performing maintenance for US DOT specification portable fire extinguishers a written notice must be kept on file indicating the registered firm that would perform the hydrostatic test when required or at a minimum the following additional items are required

(A) a current Type C registration issued by the State Fire Marshals Office and (B) verification of registration through the US DOT

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 13 of 26

(11) if installing or servicing a fixed fire extinguisher system at a minimum the following additional items are required

(A) copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced

(B) applicable manufacturers service manuals for the type of system and (C) any special tools or parts as required by the manufacturers manual

(f) Business vehicles All vehicles used regularly in installation service maintenance testing or certification activities must prominently display the company name telephone number and certificate-of-registration number The numbers and letters must be at least one inch in height and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle The certificate-of-registration number must be designated in the following format TX ECR-number A business vehicle must be adequately equipped for the type of service that is being provided

(g) Branch office initial certificate of registration fees and expiration dates The initial fee for a branch office certificate of registration is $100 and is not prorated Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firms main office

(h) Change of ownership (1) The total change of a firms ownership invalidates the current certificate To assure continuance of the

business a new application for a new certificate should be submitted to the state fire marshal 14 days prior to such change

(2) A partial change in a firms ownership will require a revised certificate if it affects the firms name location or mailing address

(i) Change of corporate officers Any change of corporate officers must be reported in writing to the state fire marshal within 14 days This change does not require a revised certificate

(j) Duplicate certificates A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate The certificate holder must submit written notification of the loss or destruc tion without delay accompanied by the required fee

(k) Revised certificates The change of a firms name location or mailing address requires a revised certificate Within 14 days after the change requiring the revision the registered firm must subm it written notification of the necessary change accompanied by the required fee to the State Fire Marshals Office

(l) Nontransferable A certificate is neither temporarily nor permanently transferable from one firm to another (m) Initial alignment of the expiration and renewal dates of existing branches For branch offices in existence

as of the effective date of this rule branch office certificates of registration shall expire and renew on the same date as the certificate of registration issued to the main office for that firm All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration shall be prorated accordingly

sect34511 Fire Extinguisher Licenses (a) Types of licenses Each license must be identified by type which indicates the business activity authorized

under the license (1) Type PL--For the planning supervising certifying installing or servicing of all fixed systems other than

pre-engineered systems A system planning licensee may also perform supervise or certify the installation or servicing of all pre-engineered fixed systems and portable fire extinguishers

(2) Type A--For certifying or servicing the installation of all fixed fire extinguisher systems other than pre-engineered systems or for installing certifying or servicing of all pre-engineered fixed fire extinguisher systems and the certifying and servicing of portable extinguishers

(3) Type B--For the servicing certifying and low-pressure hydrostatic testing of portables (4) Type K--For installing certifying or servicing of pre-engineered fixed fire extinguisher systems for the

protection of cooking areas and the certifying and servicing of portable extinguishers (5) Type R--For installing certifying or servicing of pre -engineered fixed residential range top fire

extinguisher systems (b) Pocket license A licensee must carry a pocket license for identification while en gaged in the activities of the

business (c) Duplicate license A duplicate license must be obtained from the state fire marshal to replace a lost or

destroyed license The license holder or registered firm must submit written notification of the loss or destruction accompanied by the required fee

(d) Revised license The change of a licensees registered firm or mailing address requires a revised license Within 14 days after the change requiring the revision the license holder or registered firm must submit written notification of the necessary change accompanied by the required fee

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 14 of 26

(e) Restrictions (1) A licensee must not engage in any act of the business unless employed by a registered firm and holding

an unexpired license (2) A license is neither temporarily nor permanently transferable from one person to another (3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a

licensee (4) A Type A or Type K license will not be issued to an individual unless the individual has held an apprentice

permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state

(5) It will not be necessary for the applicant of a Type R license to hold an apprentice permit prior to the issuance of a Type R license

sect34512 Apprentice Permit (a) Pocket permit A permit holder must carry a pocket permit for identification while engaging in the business (b) Duplicate permit A duplicate permit must be obtained from the state fire marshal to replace a lost or

destroyed permit The permit holder and his employer must submit written notification of the loss or destruction without delay accompanied by the required fee

(c) Revised permits The change of a permittees employer home address or mailing address requires a revised permit Within 14 days after the change requiring the revision the permit holder or registered firm must submit written notification to the State Fire Marshals Office of the necessary change accompanied by the required fee

(d) Nontransferable A permit is neither temporarily nor permanently transferable from one person to another (e) Apprentice An individual holding a current apprentice permit may under the direct supervision of the

licensee assist in all respective services of the licensee however the licensee must sign all documents requiring the licensees signature

sect34513 Alteration of Certificates Licenses or Permits Alteration of such documents renders them invalid and is the basis for administrative act ion pursuant to Insurance Code sect6001252

sect34514 Applications (a) Certificates of registration

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the state fire marshals office

(2) Applications must be signed by the sole proprietor or by each partner of a partnership or by an officer of a corporation For corporations the application must be accompanied by the corporate charter of a Texas corporation or in the case of a foreign corporation a copy of the Texas certificate of authority to do business For applicants using an assumed name the application must be accompanied by evidence of compliance with the Assumed Business or Professional Name Act Texas Business and Commerce Code Chapter 71 The application must also include written authorization by the applicant permitting the state fire marshal or the state fir e marshals representative to enter examine and inspect any premises building room or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6001 and this subchapter

(3) For corporations the application must also include the corporate taxpayer identification number the charter number and a copy of the corporations current franchise tax Certificate of Good Standing issued by the state comptrollers office

(4) Applications for Type C certificates must be accompanied by a copy of the US DOT letter registering the applicants facility and that issues a registration number to the facility

(5) The applicant must comply with the following requirements concerning liability insurance (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the

applicant files a proof of liability insurance with the State Fire Marshals Office The insurance must include products and completed operations coverage

(B) Each registered firm must maintain in force and on file in the State Fire Marshals Office the certificate of insurance as required

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 15 of 26

(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 16 of 26

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 9: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER E RENEWAL OF REGISTRATION LICENSE OR PERMIT

Sec 6001201 RENEWAL REQUIRED FEE (a) A renewal of a registration certificate or license issued under this chapter is valid for a period of two

years The license or registration fee for each year of the two-year period is payable on renewal (b) An apprentice permit expires on the first anniversary of the date of issuance (c) The commissioner by rule may adopt a system under which registration certificates licenses and permits

expire on various dates during the year For the year in which an expiration date of a registration certificate license or permit is less than one year from its issuance or anniversary date the fee shall be prorated on a monthly basis so that each holder of a registration certificate license or permit pays only that portion of the renewal fee that is allocable to the number of months during which the registration certificate license or permit is valid On each subsequent renewal the total renewal fee is payable

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001202 NOTICE OF EXPIRATION At least 30 days before the expiration date of a registration certificate or license the state fire marshal shall send written notice of the impending expiration to the holder of the registration certificate or license at the holders last known address

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001203 RENEWAL PROCEDURES (a) The holder of an unexpired registration certificate or license may renew the certificate or license by paying

the required renewal fee to the department before the expiration date of the certificate or license (b) A firm or individual whose registration certificate or license has been expired for 90 days or less may renew

the certificate or license by paying to the department (1) the required renewal fee and (2) a fee equal to one-half of the initial fee for the certificate or license

(c) A firm or individual whose registration certificate or license has been expired for more than 90 days but less than two years may renew the certificate or license by paying to the department

(1) all unpaid renewal fees and (2) a fee that is equal to the initial fee for the certificate or license

(d) A firm or individual whose registration certificate or license has been expired for two years or longer may not renew the certificate or license The firm or individual may obtain a new registration certificate or license by complying with the requirements and procedures for obtaining an initial registration certificate or license

(e) This section may not be construed to prevent the department from denying or refusing to renew a license under applicable law or commissioner rules

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

SUBCHAPTER F PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

Sec 6001251 PROHIBITED PRACTICES (a) An individual or firm may not

(1) engage in the business of installing or servicing portable fire extinguishers without holding a registration certificate

(2) engage in the business of planning certifying installing or servicing fixed fire extinguisher systems without holding a registration certificate

(3) install service or certify the servicing of portable fire extinguishers or plan certify service or install fixed fire extinguisher systems without holding a license

(4) perform hydrostatic testing of fire extinguisher cylinders manufactured in accordance with the specifications and requirements of the United States Department of Transportation without holding a hydrostatic testing registration certificate

(5) obtain or attempt to obtain a registration certificate or license by fraudulent representation (6) install or service portable fire extinguishers or plan certify service or install fixed fire extinguisher

systems in violation of this chapter or the rules adopted and administered under this chapter

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 8 of 26

(7) except as provided by Subsection (b) install service or hydrostatically test a fire extinguisher that does not have the proper identifying labels

(8) sell install service or recharge a carbon tetrachloride fire extinguisher or (9) except as provided by Subsection (b) lease sell service or install a portable fire extinguisher a fixed

fire extinguisher system or extinguisher equipment unless it carries an approval label or listing lab el issued by a testing laboratory approved by the department

(b) The commissioner by rule shall permit an individual or firm to service a portable fire extinguisher regardless of whether the extinguisher carries a label described by Subsection (a)

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001252 DISCIPLINARY ACTIONS (a) The state fire marshal may suspend revoke or refuse to issue or renew a registration certificate license

or permit if after notice and hearing the state fire marshal finds that the applicant registrant license holder or permit holder has engaged in acts that

(1) violate this chapter (2) violate rules or standards adopted under this chapter or (3) constitute misrepresentation made in connection with

(A) the sale of products or (B) services rendered

(b) Subject to Section 6001253 the commissioner may suspend revoke or refuse to issue or renew a certificate license permit or approval

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001253 DISCIPLINARY HEARING (a) If the state fire marshal proposes to suspend revoke or refuse to renew a license permit certificate or

approval issued under this chapter the holder of the license permit certificate or approval is entitled to a hearing conducted by the State Office of Administrative Hearings

(b) Proceedings for a disciplinary action are governed by Chapter 2001 Government Code (c) Rules of practice adopted by the commissioner applicable to the proceedings for a disciplinary action may

not conflict with rules adopted by the State Office of Administrative Hearings

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001254 REAPPLICATION REQUIREM ENTS (a) An applicant or holder of a registration certificate license or permit whose certificate license or permit has

been refused or revoked under this chapter other than for failure to pass a required written exam ination may not file another application for a registration certificate license or permit before the first anniversary of the effective date of the refusal or revocation

(b) After the first anniversary of the effective date of the refusal or revocation the applicant may (1) reapply and (2) in a public hearing show good cause why the issuance of the registration certificate license or permit

is not against the public safety and welfare

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J 001 eff April 1 2009

Sec 6001255 REEXAMINATION AFTER REVOCATION An individual whose license to service portable fire extinguishers or to install or service fixed fire extinguisher systems has been revoked must retake and pass the required written examination before a new license may be issued

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 9 of 26

SUBCHAPTER G CRIMINAL PENALTY

Sec 6001301 CRIMINAL PENALTY (a) A person commits an offense if the person knowingly violates Section 6001251(a) (b) An offense under this section is a Class B misdemeanor (c) Venue for an offense under this section is in Travis County or the county in which the offense is committed

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Texas Insurance Code Article 543-1 Fire E xti nguishers Acts 1971 62nd Leg p 1993 ch 616 eff June 4 1971 Amended by Acts 1975 64th Leg p 899 ch 335 sect 1 eff June 19 1975 Acts 1979 66th Leg p 903 ch 412 sect 1 eff Aug 27 1979 Acts 1981 67th Leg p 416 ch 175 sect 1 eff Sept 1 1981 Acts 198 3 68th Leg p 1091 ch 245 sectsect 1 to 3 eff May 27 1983 Acts 1983 68th Leg p 3934 ch 622 sectsect 24 47 eff Sept 1 1983 Acts 1987 70th Leg ch 267 sectsect 1 to 10 eff June 5 1987 Acts 1989 71st Leg ch 762 sectsect 1 2 4 to 8 21 eff June 15 1989 Acts 1989 71st Leg ch 7 62 sect 3 eff Sept 1 1989 Acts 1989 71st Leg ch 823 sectsect 1 to 3 eff June 14 1989 Acts 1991 72nd Leg ch 628 sectsect 11 12 eff Sept 1 1991 Acts 1997 75th Leg ch 1172 sectsect 401 to 404 414 eff Sept 1 1997 Acts 2001 77th Leg ch 2 35 sectsect 1 2 eff Sept 1 2001 Acts 2003 78th Leg ch 1014 sectsect 1 2 eff June 20 2003

Texas Insurance Code Chapter 6001 Fire E xtinguisher S ervice and Installatio n Re-codified with no nsubstantive changes HB2636 80th Leg Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009 Added by Acts 2011 82nd Leg R S Sec 1 eff September 1 2011 Added by Acts 2013 83rd Leg RS eff September 1 2013

Sections amended September 1 2013 are marked with a vertical line in the margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 10 of 26

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

TEXAS ADMINISTRATIVE CODE TITLE 28 TEXAS DEPARTMENT OF INSURANCE PART 1 TEXAS DEPARTMENT OF INSURANCE

CHAPTER 34 STATE FIRE M ARSHAL SUBCHAPTER E FIRE EXTINGUISHER AND INSTALLATION

28 TAC sectsect34501-34524

sect34501 Purpose The purpose of this subchapter is to regulate the business of leasing renting selling installing and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and to prohibit portable fire extinguishers fixed fire extinguisher systems and extinguis her equipment not listed by a testing laboratory approved by the commissioner in the interests of protecting and preserving lives and property under Insurance Code Chapter 6001

sect34502 Title These sections of this subchapter shall be known and may be cited as the extinguisher rules and shall be administered by and through the state fire marshal

sect34503 Applicability of Subchapter This subchapter shall apply to all firms and persons engaged in the business of leasing renting selling installi ng and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and not to the general public

sect34504 Exceptions The exceptions of Insurance Code sect6001156 are applicable to the sections of this subchapter

sect34505 Notices Notice by the state fire marshal and required by any provisions of the statutes or of this subchapter must be given by personal service or mailed postage prepaid to the persons residence or business address as it appears on the records in the Office of the State Fire Marshal

sect34506 Definitions The following words and terms when used in this subchapter have the following meanings unless the context clearly indicates otherwise

(1) Apprentice--A person to whom a permit has been issued by the state fire marshal to perform various acts of service or installation while under the direct supervision of a person working for the same firm and holding a valid fire extinguisher service license to perform such acts

(2) Business--The planning certifying installing leasing renting selling or servicing of portable fire extinguishers or fixed fire extinguisher systems

(3) Certificate--The certificate of registration issued by the state fire m arshal (4) Certify--To attest to the proper planning installing or servicing of portables and systems by attaching a

completed service tag or other form required by a governmental authority (5) Commissioner--The commissioner of insurance (6) Department--The Texas Department of Insurance (7) DOT Specification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured tested and

stamped with the specification number as required by the United States Department of Transportation (8) DOT Nonspecification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured and

tested but not stamped with a specification number as required by the United States Department of Transportation These cylinders may be marked by a label with the words Meets DOT Requirements

(9) Installation--The initial placement of a portable or fixed fire extinguisher system or an extension or alteration after initial placement

(10) License--The license issued by the state fire marshal to an employee of a registered firm

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 11 of 26

(11) NFPA--The National Fire Protection Association Inc a nationally recognized standards -making organization

(12) NICET--National Institute for Certification in Engineering Technologies (13) Outsource testing service--The testing service selected by the state fire marshal to administer certain

designated qualifying tests for licenses under this subchapter (14) Person--A natural person (15) Plan--To lay out detail draw calculate devise or arrang e an assembly of detection or suppression

devices and appurtenances in accordance with either fire protection standards adopted in this subchapter or specifications specially designed by a Texas registered professional engineer acting solely in his profess ional capacity

(16) Registered firm--A person partnership corporation or association holding a current certificate of registration

(17) Shop--A facility whether at a specific location or in a mobile unit of a registered firm where servicing repairing or hydrostatic testing is performed and where parts and equipment which are required by this subchapter or in the adopted standards are maintained

(18) Test--The act of subjecting a portable or fixed system to any procedure necessary to det ermine whether it is properly installed or operates correctly

(19) Direct supervision--The oversight by a licensee of the services performed by another licensee or permittee The licensee performing the direct supervision at the shop must be present at all times on the premises where the supervised licensee or permittee is performing the service When not at the shop the individual being supervised must be within sight of the licensee performing the direct supervision when installing or servicing portable fire extinguishers or pre-engineered fixed fire extinguisher systems The licensee performing the direct supervision of an engineered fixed fire extinguisher system is not required to be on -site at all times when the installation is performed

sect34507 Adopted Standards The commissioner adopts by reference in their entirety except as noted the following copyrighted standards and recommendations in this subchapter If a standard refers to a provision in a specific edition of another standard the provision is applicable only if it does not conflict with the adopted standard shown in this section The standards are published by and available from the National Fire Protection Association Inc (NFPA) Batterymarch Park Quincy Massachusetts 02269 A copy of the standards will be available for public inspection in the State Fire Marshals Office

(1) NFPA 10-2013 Standard for Portable Fire Extinguishers (2) NFPA 11-2010 Standard for Low- Medium- and High-Expansion Foam and Combined Agent Systems (3) NFPA 12-2011 Standard on Carbon Dioxide Extinguishing Systems (4) NFPA 12A-2009 Standard on Halon 1301 Fire Extinguishing Systems (5) NFPA 15-2012 Standard for Water Spray Fixed Systems for Fire Protection (6) NFPA 16-2011 Standard for the Installation of Foam-W ater Sprinkler and Foam-Water Spray Systems (7) NFPA 17-2013 Standard for Dry Chemical Extinguishing Systems (8) NFPA 17A-2013 Standard for Wet Chemical Extinguishing Systems (9) NFPA 18-2011 Standard on W etting Agents (10) NFPA 25-2014 Standard for the Inspection Testing and Maintenance of W ater-Based Fire Protection

Systems (11) NFPA 33-2011 Standard for Spray Application Using Flammable or Combustible Materials (12) NFPA 96-2014 Standard for Ventilation Control and Fire Protection of Commercial Cooking

Operations (13) NFPA 2001-2012 Standard on Clean Agent Fire Extinguishing Systems (14) NFPA 2010-2010 Standard for Fixed Aerosol Fire-Extinguishing Systems

sect34508 Approved Testing Laboratories The commissioner approves an organization as an approved testing laboratory which lists equipment and appurtenances for use in compliance with standards adopted in sect34507 of this title (relating to Adopted Standards) if the organization meets the requirem ents of an approved testing laboratory in accordance with Subchapter D of this title (relating to Testing Laboratory Rules)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 12 of 26

sect34509 Approved Certification Organization The commissioner approves the National Institute for Certification in Engineering Technologies (NICET) as a testing standards organization for testing license applicants

sect34510 Certificates of Registration (a) Required Each firm and each branch office engaged in the business must obtain a certificate of registration

from the state fire marshal (b) Properly equipped licensed person Before engaging in the business each registered firm must have at

least one licensed person who must be properly equipped to perform the act or acts authorized by its certificate (c) Types of certificates The business activity authorized by the certificate is limited to the business activity(ies)

authorized under the license of its employees A separate Type C registration is required to engage in the business of hydrostatic testing of US Department of Transportation (US DOT) specification fire extinguisher cylinders

(d) Business location Each registered firm must maintain a specific business location and the business location must be indicated on the certificate

(e) Shop A registered firm must establish and maintain a shop whether at a specific business location or in a mobile unit designed so that servicing repairing or hydrostatic testing can be performed The shop must be adequately equipped to service or test all fire extinguishers or systems the registered firm installs and services At a minimum a firm must maintain the following

(1) a copy of the most recently adopted edition of NFPA 10 (2) a copy of the most recently adopted Insurance Code Chapter 6001 and this chapter (3) a list of manufacturers or types of portable extinguishers serviced with their respective manuals or part

lists (4) portable scale to accurately measure extinguisher gross weights (5) seals or tamper indicators (6) temporary fire extinguishers replacements (7) if performing annual maintenance on carbon dioxide extinguishers at a minimum the following

additional items are required (A) conductivity tester and (B) conductivity test label

(8) if performing internal maintenance for portable extinguishers a written notice must be kept on file indicating the registered firm performing the maintenance or at a minimum the following additional items are required

(A) appropriate tools to remove and reinstall a valve head (B) charging adapters (C) Teflon tape silicone grease solvent or other lubricant used (D) supply of spare parts for respective manufacturers and type of fire extinguishers serviced (E) appropriate recharge agents (F) agent fill funnels (G) light designed to be used for internal inspections (H) dry chemical closed recovery system or sufficient new dry chemical (I) leak test equipment (J) dry nitrogen cylinders regulator and calibrated gauges for pressurizing cylinders (K) verification collar rings and (L) six-year maintenance labels

(9) if performing hydrostatic testing for portable extinguishers a written notice must be kept on file indicating the registered firm performing the test or at a minimum the following additional items are required

(A) working hydrostatic test pump with flexible connection check valves and fittings (B) protective cage or barrier (C) calibrated gauges (D) drying equipment (E) hydrostatic test log and (F) hydrostatic test labels

(10) if performing maintenance for US DOT specification portable fire extinguishers a written notice must be kept on file indicating the registered firm that would perform the hydrostatic test when required or at a minimum the following additional items are required

(A) a current Type C registration issued by the State Fire Marshals Office and (B) verification of registration through the US DOT

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 13 of 26

(11) if installing or servicing a fixed fire extinguisher system at a minimum the following additional items are required

(A) copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced

(B) applicable manufacturers service manuals for the type of system and (C) any special tools or parts as required by the manufacturers manual

(f) Business vehicles All vehicles used regularly in installation service maintenance testing or certification activities must prominently display the company name telephone number and certificate-of-registration number The numbers and letters must be at least one inch in height and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle The certificate-of-registration number must be designated in the following format TX ECR-number A business vehicle must be adequately equipped for the type of service that is being provided

(g) Branch office initial certificate of registration fees and expiration dates The initial fee for a branch office certificate of registration is $100 and is not prorated Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firms main office

(h) Change of ownership (1) The total change of a firms ownership invalidates the current certificate To assure continuance of the

business a new application for a new certificate should be submitted to the state fire marshal 14 days prior to such change

(2) A partial change in a firms ownership will require a revised certificate if it affects the firms name location or mailing address

(i) Change of corporate officers Any change of corporate officers must be reported in writing to the state fire marshal within 14 days This change does not require a revised certificate

(j) Duplicate certificates A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate The certificate holder must submit written notification of the loss or destruc tion without delay accompanied by the required fee

(k) Revised certificates The change of a firms name location or mailing address requires a revised certificate Within 14 days after the change requiring the revision the registered firm must subm it written notification of the necessary change accompanied by the required fee to the State Fire Marshals Office

(l) Nontransferable A certificate is neither temporarily nor permanently transferable from one firm to another (m) Initial alignment of the expiration and renewal dates of existing branches For branch offices in existence

as of the effective date of this rule branch office certificates of registration shall expire and renew on the same date as the certificate of registration issued to the main office for that firm All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration shall be prorated accordingly

sect34511 Fire Extinguisher Licenses (a) Types of licenses Each license must be identified by type which indicates the business activity authorized

under the license (1) Type PL--For the planning supervising certifying installing or servicing of all fixed systems other than

pre-engineered systems A system planning licensee may also perform supervise or certify the installation or servicing of all pre-engineered fixed systems and portable fire extinguishers

(2) Type A--For certifying or servicing the installation of all fixed fire extinguisher systems other than pre-engineered systems or for installing certifying or servicing of all pre-engineered fixed fire extinguisher systems and the certifying and servicing of portable extinguishers

(3) Type B--For the servicing certifying and low-pressure hydrostatic testing of portables (4) Type K--For installing certifying or servicing of pre-engineered fixed fire extinguisher systems for the

protection of cooking areas and the certifying and servicing of portable extinguishers (5) Type R--For installing certifying or servicing of pre -engineered fixed residential range top fire

extinguisher systems (b) Pocket license A licensee must carry a pocket license for identification while en gaged in the activities of the

business (c) Duplicate license A duplicate license must be obtained from the state fire marshal to replace a lost or

destroyed license The license holder or registered firm must submit written notification of the loss or destruction accompanied by the required fee

(d) Revised license The change of a licensees registered firm or mailing address requires a revised license Within 14 days after the change requiring the revision the license holder or registered firm must submit written notification of the necessary change accompanied by the required fee

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 14 of 26

(e) Restrictions (1) A licensee must not engage in any act of the business unless employed by a registered firm and holding

an unexpired license (2) A license is neither temporarily nor permanently transferable from one person to another (3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a

licensee (4) A Type A or Type K license will not be issued to an individual unless the individual has held an apprentice

permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state

(5) It will not be necessary for the applicant of a Type R license to hold an apprentice permit prior to the issuance of a Type R license

sect34512 Apprentice Permit (a) Pocket permit A permit holder must carry a pocket permit for identification while engaging in the business (b) Duplicate permit A duplicate permit must be obtained from the state fire marshal to replace a lost or

destroyed permit The permit holder and his employer must submit written notification of the loss or destruction without delay accompanied by the required fee

(c) Revised permits The change of a permittees employer home address or mailing address requires a revised permit Within 14 days after the change requiring the revision the permit holder or registered firm must submit written notification to the State Fire Marshals Office of the necessary change accompanied by the required fee

(d) Nontransferable A permit is neither temporarily nor permanently transferable from one person to another (e) Apprentice An individual holding a current apprentice permit may under the direct supervision of the

licensee assist in all respective services of the licensee however the licensee must sign all documents requiring the licensees signature

sect34513 Alteration of Certificates Licenses or Permits Alteration of such documents renders them invalid and is the basis for administrative act ion pursuant to Insurance Code sect6001252

sect34514 Applications (a) Certificates of registration

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the state fire marshals office

(2) Applications must be signed by the sole proprietor or by each partner of a partnership or by an officer of a corporation For corporations the application must be accompanied by the corporate charter of a Texas corporation or in the case of a foreign corporation a copy of the Texas certificate of authority to do business For applicants using an assumed name the application must be accompanied by evidence of compliance with the Assumed Business or Professional Name Act Texas Business and Commerce Code Chapter 71 The application must also include written authorization by the applicant permitting the state fire marshal or the state fir e marshals representative to enter examine and inspect any premises building room or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6001 and this subchapter

(3) For corporations the application must also include the corporate taxpayer identification number the charter number and a copy of the corporations current franchise tax Certificate of Good Standing issued by the state comptrollers office

(4) Applications for Type C certificates must be accompanied by a copy of the US DOT letter registering the applicants facility and that issues a registration number to the facility

(5) The applicant must comply with the following requirements concerning liability insurance (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the

applicant files a proof of liability insurance with the State Fire Marshals Office The insurance must include products and completed operations coverage

(B) Each registered firm must maintain in force and on file in the State Fire Marshals Office the certificate of insurance as required

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 15 of 26

(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 16 of 26

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 10: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

(7) except as provided by Subsection (b) install service or hydrostatically test a fire extinguisher that does not have the proper identifying labels

(8) sell install service or recharge a carbon tetrachloride fire extinguisher or (9) except as provided by Subsection (b) lease sell service or install a portable fire extinguisher a fixed

fire extinguisher system or extinguisher equipment unless it carries an approval label or listing lab el issued by a testing laboratory approved by the department

(b) The commissioner by rule shall permit an individual or firm to service a portable fire extinguisher regardless of whether the extinguisher carries a label described by Subsection (a)

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001252 DISCIPLINARY ACTIONS (a) The state fire marshal may suspend revoke or refuse to issue or renew a registration certificate license

or permit if after notice and hearing the state fire marshal finds that the applicant registrant license holder or permit holder has engaged in acts that

(1) violate this chapter (2) violate rules or standards adopted under this chapter or (3) constitute misrepresentation made in connection with

(A) the sale of products or (B) services rendered

(b) Subject to Section 6001253 the commissioner may suspend revoke or refuse to issue or renew a certificate license permit or approval

Added by Acts 2007 80th Leg RS C h 730 Sec 1J001 eff April 1 2009

Sec 6001253 DISCIPLINARY HEARING (a) If the state fire marshal proposes to suspend revoke or refuse to renew a license permit certificate or

approval issued under this chapter the holder of the license permit certificate or approval is entitled to a hearing conducted by the State Office of Administrative Hearings

(b) Proceedings for a disciplinary action are governed by Chapter 2001 Government Code (c) Rules of practice adopted by the commissioner applicable to the proceedings for a disciplinary action may

not conflict with rules adopted by the State Office of Administrative Hearings

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Sec 6001254 REAPPLICATION REQUIREM ENTS (a) An applicant or holder of a registration certificate license or permit whose certificate license or permit has

been refused or revoked under this chapter other than for failure to pass a required written exam ination may not file another application for a registration certificate license or permit before the first anniversary of the effective date of the refusal or revocation

(b) After the first anniversary of the effective date of the refusal or revocation the applicant may (1) reapply and (2) in a public hearing show good cause why the issuance of the registration certificate license or permit

is not against the public safety and welfare

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J 001 eff April 1 2009

Sec 6001255 REEXAMINATION AFTER REVOCATION An individual whose license to service portable fire extinguishers or to install or service fixed fire extinguisher systems has been revoked must retake and pass the required written examination before a new license may be issued

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 9 of 26

SUBCHAPTER G CRIMINAL PENALTY

Sec 6001301 CRIMINAL PENALTY (a) A person commits an offense if the person knowingly violates Section 6001251(a) (b) An offense under this section is a Class B misdemeanor (c) Venue for an offense under this section is in Travis County or the county in which the offense is committed

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Texas Insurance Code Article 543-1 Fire E xti nguishers Acts 1971 62nd Leg p 1993 ch 616 eff June 4 1971 Amended by Acts 1975 64th Leg p 899 ch 335 sect 1 eff June 19 1975 Acts 1979 66th Leg p 903 ch 412 sect 1 eff Aug 27 1979 Acts 1981 67th Leg p 416 ch 175 sect 1 eff Sept 1 1981 Acts 198 3 68th Leg p 1091 ch 245 sectsect 1 to 3 eff May 27 1983 Acts 1983 68th Leg p 3934 ch 622 sectsect 24 47 eff Sept 1 1983 Acts 1987 70th Leg ch 267 sectsect 1 to 10 eff June 5 1987 Acts 1989 71st Leg ch 762 sectsect 1 2 4 to 8 21 eff June 15 1989 Acts 1989 71st Leg ch 7 62 sect 3 eff Sept 1 1989 Acts 1989 71st Leg ch 823 sectsect 1 to 3 eff June 14 1989 Acts 1991 72nd Leg ch 628 sectsect 11 12 eff Sept 1 1991 Acts 1997 75th Leg ch 1172 sectsect 401 to 404 414 eff Sept 1 1997 Acts 2001 77th Leg ch 2 35 sectsect 1 2 eff Sept 1 2001 Acts 2003 78th Leg ch 1014 sectsect 1 2 eff June 20 2003

Texas Insurance Code Chapter 6001 Fire E xtinguisher S ervice and Installatio n Re-codified with no nsubstantive changes HB2636 80th Leg Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009 Added by Acts 2011 82nd Leg R S Sec 1 eff September 1 2011 Added by Acts 2013 83rd Leg RS eff September 1 2013

Sections amended September 1 2013 are marked with a vertical line in the margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 10 of 26

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

TEXAS ADMINISTRATIVE CODE TITLE 28 TEXAS DEPARTMENT OF INSURANCE PART 1 TEXAS DEPARTMENT OF INSURANCE

CHAPTER 34 STATE FIRE M ARSHAL SUBCHAPTER E FIRE EXTINGUISHER AND INSTALLATION

28 TAC sectsect34501-34524

sect34501 Purpose The purpose of this subchapter is to regulate the business of leasing renting selling installing and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and to prohibit portable fire extinguishers fixed fire extinguisher systems and extinguis her equipment not listed by a testing laboratory approved by the commissioner in the interests of protecting and preserving lives and property under Insurance Code Chapter 6001

sect34502 Title These sections of this subchapter shall be known and may be cited as the extinguisher rules and shall be administered by and through the state fire marshal

sect34503 Applicability of Subchapter This subchapter shall apply to all firms and persons engaged in the business of leasing renting selling installi ng and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and not to the general public

sect34504 Exceptions The exceptions of Insurance Code sect6001156 are applicable to the sections of this subchapter

sect34505 Notices Notice by the state fire marshal and required by any provisions of the statutes or of this subchapter must be given by personal service or mailed postage prepaid to the persons residence or business address as it appears on the records in the Office of the State Fire Marshal

sect34506 Definitions The following words and terms when used in this subchapter have the following meanings unless the context clearly indicates otherwise

(1) Apprentice--A person to whom a permit has been issued by the state fire marshal to perform various acts of service or installation while under the direct supervision of a person working for the same firm and holding a valid fire extinguisher service license to perform such acts

(2) Business--The planning certifying installing leasing renting selling or servicing of portable fire extinguishers or fixed fire extinguisher systems

(3) Certificate--The certificate of registration issued by the state fire m arshal (4) Certify--To attest to the proper planning installing or servicing of portables and systems by attaching a

completed service tag or other form required by a governmental authority (5) Commissioner--The commissioner of insurance (6) Department--The Texas Department of Insurance (7) DOT Specification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured tested and

stamped with the specification number as required by the United States Department of Transportation (8) DOT Nonspecification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured and

tested but not stamped with a specification number as required by the United States Department of Transportation These cylinders may be marked by a label with the words Meets DOT Requirements

(9) Installation--The initial placement of a portable or fixed fire extinguisher system or an extension or alteration after initial placement

(10) License--The license issued by the state fire marshal to an employee of a registered firm

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 11 of 26

(11) NFPA--The National Fire Protection Association Inc a nationally recognized standards -making organization

(12) NICET--National Institute for Certification in Engineering Technologies (13) Outsource testing service--The testing service selected by the state fire marshal to administer certain

designated qualifying tests for licenses under this subchapter (14) Person--A natural person (15) Plan--To lay out detail draw calculate devise or arrang e an assembly of detection or suppression

devices and appurtenances in accordance with either fire protection standards adopted in this subchapter or specifications specially designed by a Texas registered professional engineer acting solely in his profess ional capacity

(16) Registered firm--A person partnership corporation or association holding a current certificate of registration

(17) Shop--A facility whether at a specific location or in a mobile unit of a registered firm where servicing repairing or hydrostatic testing is performed and where parts and equipment which are required by this subchapter or in the adopted standards are maintained

(18) Test--The act of subjecting a portable or fixed system to any procedure necessary to det ermine whether it is properly installed or operates correctly

(19) Direct supervision--The oversight by a licensee of the services performed by another licensee or permittee The licensee performing the direct supervision at the shop must be present at all times on the premises where the supervised licensee or permittee is performing the service When not at the shop the individual being supervised must be within sight of the licensee performing the direct supervision when installing or servicing portable fire extinguishers or pre-engineered fixed fire extinguisher systems The licensee performing the direct supervision of an engineered fixed fire extinguisher system is not required to be on -site at all times when the installation is performed

sect34507 Adopted Standards The commissioner adopts by reference in their entirety except as noted the following copyrighted standards and recommendations in this subchapter If a standard refers to a provision in a specific edition of another standard the provision is applicable only if it does not conflict with the adopted standard shown in this section The standards are published by and available from the National Fire Protection Association Inc (NFPA) Batterymarch Park Quincy Massachusetts 02269 A copy of the standards will be available for public inspection in the State Fire Marshals Office

(1) NFPA 10-2013 Standard for Portable Fire Extinguishers (2) NFPA 11-2010 Standard for Low- Medium- and High-Expansion Foam and Combined Agent Systems (3) NFPA 12-2011 Standard on Carbon Dioxide Extinguishing Systems (4) NFPA 12A-2009 Standard on Halon 1301 Fire Extinguishing Systems (5) NFPA 15-2012 Standard for Water Spray Fixed Systems for Fire Protection (6) NFPA 16-2011 Standard for the Installation of Foam-W ater Sprinkler and Foam-Water Spray Systems (7) NFPA 17-2013 Standard for Dry Chemical Extinguishing Systems (8) NFPA 17A-2013 Standard for Wet Chemical Extinguishing Systems (9) NFPA 18-2011 Standard on W etting Agents (10) NFPA 25-2014 Standard for the Inspection Testing and Maintenance of W ater-Based Fire Protection

Systems (11) NFPA 33-2011 Standard for Spray Application Using Flammable or Combustible Materials (12) NFPA 96-2014 Standard for Ventilation Control and Fire Protection of Commercial Cooking

Operations (13) NFPA 2001-2012 Standard on Clean Agent Fire Extinguishing Systems (14) NFPA 2010-2010 Standard for Fixed Aerosol Fire-Extinguishing Systems

sect34508 Approved Testing Laboratories The commissioner approves an organization as an approved testing laboratory which lists equipment and appurtenances for use in compliance with standards adopted in sect34507 of this title (relating to Adopted Standards) if the organization meets the requirem ents of an approved testing laboratory in accordance with Subchapter D of this title (relating to Testing Laboratory Rules)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 12 of 26

sect34509 Approved Certification Organization The commissioner approves the National Institute for Certification in Engineering Technologies (NICET) as a testing standards organization for testing license applicants

sect34510 Certificates of Registration (a) Required Each firm and each branch office engaged in the business must obtain a certificate of registration

from the state fire marshal (b) Properly equipped licensed person Before engaging in the business each registered firm must have at

least one licensed person who must be properly equipped to perform the act or acts authorized by its certificate (c) Types of certificates The business activity authorized by the certificate is limited to the business activity(ies)

authorized under the license of its employees A separate Type C registration is required to engage in the business of hydrostatic testing of US Department of Transportation (US DOT) specification fire extinguisher cylinders

(d) Business location Each registered firm must maintain a specific business location and the business location must be indicated on the certificate

(e) Shop A registered firm must establish and maintain a shop whether at a specific business location or in a mobile unit designed so that servicing repairing or hydrostatic testing can be performed The shop must be adequately equipped to service or test all fire extinguishers or systems the registered firm installs and services At a minimum a firm must maintain the following

(1) a copy of the most recently adopted edition of NFPA 10 (2) a copy of the most recently adopted Insurance Code Chapter 6001 and this chapter (3) a list of manufacturers or types of portable extinguishers serviced with their respective manuals or part

lists (4) portable scale to accurately measure extinguisher gross weights (5) seals or tamper indicators (6) temporary fire extinguishers replacements (7) if performing annual maintenance on carbon dioxide extinguishers at a minimum the following

additional items are required (A) conductivity tester and (B) conductivity test label

(8) if performing internal maintenance for portable extinguishers a written notice must be kept on file indicating the registered firm performing the maintenance or at a minimum the following additional items are required

(A) appropriate tools to remove and reinstall a valve head (B) charging adapters (C) Teflon tape silicone grease solvent or other lubricant used (D) supply of spare parts for respective manufacturers and type of fire extinguishers serviced (E) appropriate recharge agents (F) agent fill funnels (G) light designed to be used for internal inspections (H) dry chemical closed recovery system or sufficient new dry chemical (I) leak test equipment (J) dry nitrogen cylinders regulator and calibrated gauges for pressurizing cylinders (K) verification collar rings and (L) six-year maintenance labels

(9) if performing hydrostatic testing for portable extinguishers a written notice must be kept on file indicating the registered firm performing the test or at a minimum the following additional items are required

(A) working hydrostatic test pump with flexible connection check valves and fittings (B) protective cage or barrier (C) calibrated gauges (D) drying equipment (E) hydrostatic test log and (F) hydrostatic test labels

(10) if performing maintenance for US DOT specification portable fire extinguishers a written notice must be kept on file indicating the registered firm that would perform the hydrostatic test when required or at a minimum the following additional items are required

(A) a current Type C registration issued by the State Fire Marshals Office and (B) verification of registration through the US DOT

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 13 of 26

(11) if installing or servicing a fixed fire extinguisher system at a minimum the following additional items are required

(A) copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced

(B) applicable manufacturers service manuals for the type of system and (C) any special tools or parts as required by the manufacturers manual

(f) Business vehicles All vehicles used regularly in installation service maintenance testing or certification activities must prominently display the company name telephone number and certificate-of-registration number The numbers and letters must be at least one inch in height and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle The certificate-of-registration number must be designated in the following format TX ECR-number A business vehicle must be adequately equipped for the type of service that is being provided

(g) Branch office initial certificate of registration fees and expiration dates The initial fee for a branch office certificate of registration is $100 and is not prorated Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firms main office

(h) Change of ownership (1) The total change of a firms ownership invalidates the current certificate To assure continuance of the

business a new application for a new certificate should be submitted to the state fire marshal 14 days prior to such change

(2) A partial change in a firms ownership will require a revised certificate if it affects the firms name location or mailing address

(i) Change of corporate officers Any change of corporate officers must be reported in writing to the state fire marshal within 14 days This change does not require a revised certificate

(j) Duplicate certificates A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate The certificate holder must submit written notification of the loss or destruc tion without delay accompanied by the required fee

(k) Revised certificates The change of a firms name location or mailing address requires a revised certificate Within 14 days after the change requiring the revision the registered firm must subm it written notification of the necessary change accompanied by the required fee to the State Fire Marshals Office

(l) Nontransferable A certificate is neither temporarily nor permanently transferable from one firm to another (m) Initial alignment of the expiration and renewal dates of existing branches For branch offices in existence

as of the effective date of this rule branch office certificates of registration shall expire and renew on the same date as the certificate of registration issued to the main office for that firm All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration shall be prorated accordingly

sect34511 Fire Extinguisher Licenses (a) Types of licenses Each license must be identified by type which indicates the business activity authorized

under the license (1) Type PL--For the planning supervising certifying installing or servicing of all fixed systems other than

pre-engineered systems A system planning licensee may also perform supervise or certify the installation or servicing of all pre-engineered fixed systems and portable fire extinguishers

(2) Type A--For certifying or servicing the installation of all fixed fire extinguisher systems other than pre-engineered systems or for installing certifying or servicing of all pre-engineered fixed fire extinguisher systems and the certifying and servicing of portable extinguishers

(3) Type B--For the servicing certifying and low-pressure hydrostatic testing of portables (4) Type K--For installing certifying or servicing of pre-engineered fixed fire extinguisher systems for the

protection of cooking areas and the certifying and servicing of portable extinguishers (5) Type R--For installing certifying or servicing of pre -engineered fixed residential range top fire

extinguisher systems (b) Pocket license A licensee must carry a pocket license for identification while en gaged in the activities of the

business (c) Duplicate license A duplicate license must be obtained from the state fire marshal to replace a lost or

destroyed license The license holder or registered firm must submit written notification of the loss or destruction accompanied by the required fee

(d) Revised license The change of a licensees registered firm or mailing address requires a revised license Within 14 days after the change requiring the revision the license holder or registered firm must submit written notification of the necessary change accompanied by the required fee

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 14 of 26

(e) Restrictions (1) A licensee must not engage in any act of the business unless employed by a registered firm and holding

an unexpired license (2) A license is neither temporarily nor permanently transferable from one person to another (3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a

licensee (4) A Type A or Type K license will not be issued to an individual unless the individual has held an apprentice

permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state

(5) It will not be necessary for the applicant of a Type R license to hold an apprentice permit prior to the issuance of a Type R license

sect34512 Apprentice Permit (a) Pocket permit A permit holder must carry a pocket permit for identification while engaging in the business (b) Duplicate permit A duplicate permit must be obtained from the state fire marshal to replace a lost or

destroyed permit The permit holder and his employer must submit written notification of the loss or destruction without delay accompanied by the required fee

(c) Revised permits The change of a permittees employer home address or mailing address requires a revised permit Within 14 days after the change requiring the revision the permit holder or registered firm must submit written notification to the State Fire Marshals Office of the necessary change accompanied by the required fee

(d) Nontransferable A permit is neither temporarily nor permanently transferable from one person to another (e) Apprentice An individual holding a current apprentice permit may under the direct supervision of the

licensee assist in all respective services of the licensee however the licensee must sign all documents requiring the licensees signature

sect34513 Alteration of Certificates Licenses or Permits Alteration of such documents renders them invalid and is the basis for administrative act ion pursuant to Insurance Code sect6001252

sect34514 Applications (a) Certificates of registration

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the state fire marshals office

(2) Applications must be signed by the sole proprietor or by each partner of a partnership or by an officer of a corporation For corporations the application must be accompanied by the corporate charter of a Texas corporation or in the case of a foreign corporation a copy of the Texas certificate of authority to do business For applicants using an assumed name the application must be accompanied by evidence of compliance with the Assumed Business or Professional Name Act Texas Business and Commerce Code Chapter 71 The application must also include written authorization by the applicant permitting the state fire marshal or the state fir e marshals representative to enter examine and inspect any premises building room or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6001 and this subchapter

(3) For corporations the application must also include the corporate taxpayer identification number the charter number and a copy of the corporations current franchise tax Certificate of Good Standing issued by the state comptrollers office

(4) Applications for Type C certificates must be accompanied by a copy of the US DOT letter registering the applicants facility and that issues a registration number to the facility

(5) The applicant must comply with the following requirements concerning liability insurance (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the

applicant files a proof of liability insurance with the State Fire Marshals Office The insurance must include products and completed operations coverage

(B) Each registered firm must maintain in force and on file in the State Fire Marshals Office the certificate of insurance as required

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 15 of 26

(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 16 of 26

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 11: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

SUBCHAPTER G CRIMINAL PENALTY

Sec 6001301 CRIMINAL PENALTY (a) A person commits an offense if the person knowingly violates Section 6001251(a) (b) An offense under this section is a Class B misdemeanor (c) Venue for an offense under this section is in Travis County or the county in which the offense is committed

Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009

Texas Insurance Code Article 543-1 Fire E xti nguishers Acts 1971 62nd Leg p 1993 ch 616 eff June 4 1971 Amended by Acts 1975 64th Leg p 899 ch 335 sect 1 eff June 19 1975 Acts 1979 66th Leg p 903 ch 412 sect 1 eff Aug 27 1979 Acts 1981 67th Leg p 416 ch 175 sect 1 eff Sept 1 1981 Acts 198 3 68th Leg p 1091 ch 245 sectsect 1 to 3 eff May 27 1983 Acts 1983 68th Leg p 3934 ch 622 sectsect 24 47 eff Sept 1 1983 Acts 1987 70th Leg ch 267 sectsect 1 to 10 eff June 5 1987 Acts 1989 71st Leg ch 762 sectsect 1 2 4 to 8 21 eff June 15 1989 Acts 1989 71st Leg ch 7 62 sect 3 eff Sept 1 1989 Acts 1989 71st Leg ch 823 sectsect 1 to 3 eff June 14 1989 Acts 1991 72nd Leg ch 628 sectsect 11 12 eff Sept 1 1991 Acts 1997 75th Leg ch 1172 sectsect 401 to 404 414 eff Sept 1 1997 Acts 2001 77th Leg ch 2 35 sectsect 1 2 eff Sept 1 2001 Acts 2003 78th Leg ch 1014 sectsect 1 2 eff June 20 2003

Texas Insurance Code Chapter 6001 Fire E xtinguisher S ervice and Installatio n Re-codified with no nsubstantive changes HB2636 80th Leg Added by Acts 2007 80th Leg RS Ch 730 Sec 1J001 eff April 1 2009 Added by Acts 2011 82nd Leg R S Sec 1 eff September 1 2011 Added by Acts 2013 83rd Leg RS eff September 1 2013

Sections amended September 1 2013 are marked with a vertical line in the margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 10 of 26

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

TEXAS ADMINISTRATIVE CODE TITLE 28 TEXAS DEPARTMENT OF INSURANCE PART 1 TEXAS DEPARTMENT OF INSURANCE

CHAPTER 34 STATE FIRE M ARSHAL SUBCHAPTER E FIRE EXTINGUISHER AND INSTALLATION

28 TAC sectsect34501-34524

sect34501 Purpose The purpose of this subchapter is to regulate the business of leasing renting selling installing and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and to prohibit portable fire extinguishers fixed fire extinguisher systems and extinguis her equipment not listed by a testing laboratory approved by the commissioner in the interests of protecting and preserving lives and property under Insurance Code Chapter 6001

sect34502 Title These sections of this subchapter shall be known and may be cited as the extinguisher rules and shall be administered by and through the state fire marshal

sect34503 Applicability of Subchapter This subchapter shall apply to all firms and persons engaged in the business of leasing renting selling installi ng and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and not to the general public

sect34504 Exceptions The exceptions of Insurance Code sect6001156 are applicable to the sections of this subchapter

sect34505 Notices Notice by the state fire marshal and required by any provisions of the statutes or of this subchapter must be given by personal service or mailed postage prepaid to the persons residence or business address as it appears on the records in the Office of the State Fire Marshal

sect34506 Definitions The following words and terms when used in this subchapter have the following meanings unless the context clearly indicates otherwise

(1) Apprentice--A person to whom a permit has been issued by the state fire marshal to perform various acts of service or installation while under the direct supervision of a person working for the same firm and holding a valid fire extinguisher service license to perform such acts

(2) Business--The planning certifying installing leasing renting selling or servicing of portable fire extinguishers or fixed fire extinguisher systems

(3) Certificate--The certificate of registration issued by the state fire m arshal (4) Certify--To attest to the proper planning installing or servicing of portables and systems by attaching a

completed service tag or other form required by a governmental authority (5) Commissioner--The commissioner of insurance (6) Department--The Texas Department of Insurance (7) DOT Specification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured tested and

stamped with the specification number as required by the United States Department of Transportation (8) DOT Nonspecification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured and

tested but not stamped with a specification number as required by the United States Department of Transportation These cylinders may be marked by a label with the words Meets DOT Requirements

(9) Installation--The initial placement of a portable or fixed fire extinguisher system or an extension or alteration after initial placement

(10) License--The license issued by the state fire marshal to an employee of a registered firm

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(11) NFPA--The National Fire Protection Association Inc a nationally recognized standards -making organization

(12) NICET--National Institute for Certification in Engineering Technologies (13) Outsource testing service--The testing service selected by the state fire marshal to administer certain

designated qualifying tests for licenses under this subchapter (14) Person--A natural person (15) Plan--To lay out detail draw calculate devise or arrang e an assembly of detection or suppression

devices and appurtenances in accordance with either fire protection standards adopted in this subchapter or specifications specially designed by a Texas registered professional engineer acting solely in his profess ional capacity

(16) Registered firm--A person partnership corporation or association holding a current certificate of registration

(17) Shop--A facility whether at a specific location or in a mobile unit of a registered firm where servicing repairing or hydrostatic testing is performed and where parts and equipment which are required by this subchapter or in the adopted standards are maintained

(18) Test--The act of subjecting a portable or fixed system to any procedure necessary to det ermine whether it is properly installed or operates correctly

(19) Direct supervision--The oversight by a licensee of the services performed by another licensee or permittee The licensee performing the direct supervision at the shop must be present at all times on the premises where the supervised licensee or permittee is performing the service When not at the shop the individual being supervised must be within sight of the licensee performing the direct supervision when installing or servicing portable fire extinguishers or pre-engineered fixed fire extinguisher systems The licensee performing the direct supervision of an engineered fixed fire extinguisher system is not required to be on -site at all times when the installation is performed

sect34507 Adopted Standards The commissioner adopts by reference in their entirety except as noted the following copyrighted standards and recommendations in this subchapter If a standard refers to a provision in a specific edition of another standard the provision is applicable only if it does not conflict with the adopted standard shown in this section The standards are published by and available from the National Fire Protection Association Inc (NFPA) Batterymarch Park Quincy Massachusetts 02269 A copy of the standards will be available for public inspection in the State Fire Marshals Office

(1) NFPA 10-2013 Standard for Portable Fire Extinguishers (2) NFPA 11-2010 Standard for Low- Medium- and High-Expansion Foam and Combined Agent Systems (3) NFPA 12-2011 Standard on Carbon Dioxide Extinguishing Systems (4) NFPA 12A-2009 Standard on Halon 1301 Fire Extinguishing Systems (5) NFPA 15-2012 Standard for Water Spray Fixed Systems for Fire Protection (6) NFPA 16-2011 Standard for the Installation of Foam-W ater Sprinkler and Foam-Water Spray Systems (7) NFPA 17-2013 Standard for Dry Chemical Extinguishing Systems (8) NFPA 17A-2013 Standard for Wet Chemical Extinguishing Systems (9) NFPA 18-2011 Standard on W etting Agents (10) NFPA 25-2014 Standard for the Inspection Testing and Maintenance of W ater-Based Fire Protection

Systems (11) NFPA 33-2011 Standard for Spray Application Using Flammable or Combustible Materials (12) NFPA 96-2014 Standard for Ventilation Control and Fire Protection of Commercial Cooking

Operations (13) NFPA 2001-2012 Standard on Clean Agent Fire Extinguishing Systems (14) NFPA 2010-2010 Standard for Fixed Aerosol Fire-Extinguishing Systems

sect34508 Approved Testing Laboratories The commissioner approves an organization as an approved testing laboratory which lists equipment and appurtenances for use in compliance with standards adopted in sect34507 of this title (relating to Adopted Standards) if the organization meets the requirem ents of an approved testing laboratory in accordance with Subchapter D of this title (relating to Testing Laboratory Rules)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 12 of 26

sect34509 Approved Certification Organization The commissioner approves the National Institute for Certification in Engineering Technologies (NICET) as a testing standards organization for testing license applicants

sect34510 Certificates of Registration (a) Required Each firm and each branch office engaged in the business must obtain a certificate of registration

from the state fire marshal (b) Properly equipped licensed person Before engaging in the business each registered firm must have at

least one licensed person who must be properly equipped to perform the act or acts authorized by its certificate (c) Types of certificates The business activity authorized by the certificate is limited to the business activity(ies)

authorized under the license of its employees A separate Type C registration is required to engage in the business of hydrostatic testing of US Department of Transportation (US DOT) specification fire extinguisher cylinders

(d) Business location Each registered firm must maintain a specific business location and the business location must be indicated on the certificate

(e) Shop A registered firm must establish and maintain a shop whether at a specific business location or in a mobile unit designed so that servicing repairing or hydrostatic testing can be performed The shop must be adequately equipped to service or test all fire extinguishers or systems the registered firm installs and services At a minimum a firm must maintain the following

(1) a copy of the most recently adopted edition of NFPA 10 (2) a copy of the most recently adopted Insurance Code Chapter 6001 and this chapter (3) a list of manufacturers or types of portable extinguishers serviced with their respective manuals or part

lists (4) portable scale to accurately measure extinguisher gross weights (5) seals or tamper indicators (6) temporary fire extinguishers replacements (7) if performing annual maintenance on carbon dioxide extinguishers at a minimum the following

additional items are required (A) conductivity tester and (B) conductivity test label

(8) if performing internal maintenance for portable extinguishers a written notice must be kept on file indicating the registered firm performing the maintenance or at a minimum the following additional items are required

(A) appropriate tools to remove and reinstall a valve head (B) charging adapters (C) Teflon tape silicone grease solvent or other lubricant used (D) supply of spare parts for respective manufacturers and type of fire extinguishers serviced (E) appropriate recharge agents (F) agent fill funnels (G) light designed to be used for internal inspections (H) dry chemical closed recovery system or sufficient new dry chemical (I) leak test equipment (J) dry nitrogen cylinders regulator and calibrated gauges for pressurizing cylinders (K) verification collar rings and (L) six-year maintenance labels

(9) if performing hydrostatic testing for portable extinguishers a written notice must be kept on file indicating the registered firm performing the test or at a minimum the following additional items are required

(A) working hydrostatic test pump with flexible connection check valves and fittings (B) protective cage or barrier (C) calibrated gauges (D) drying equipment (E) hydrostatic test log and (F) hydrostatic test labels

(10) if performing maintenance for US DOT specification portable fire extinguishers a written notice must be kept on file indicating the registered firm that would perform the hydrostatic test when required or at a minimum the following additional items are required

(A) a current Type C registration issued by the State Fire Marshals Office and (B) verification of registration through the US DOT

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(11) if installing or servicing a fixed fire extinguisher system at a minimum the following additional items are required

(A) copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced

(B) applicable manufacturers service manuals for the type of system and (C) any special tools or parts as required by the manufacturers manual

(f) Business vehicles All vehicles used regularly in installation service maintenance testing or certification activities must prominently display the company name telephone number and certificate-of-registration number The numbers and letters must be at least one inch in height and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle The certificate-of-registration number must be designated in the following format TX ECR-number A business vehicle must be adequately equipped for the type of service that is being provided

(g) Branch office initial certificate of registration fees and expiration dates The initial fee for a branch office certificate of registration is $100 and is not prorated Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firms main office

(h) Change of ownership (1) The total change of a firms ownership invalidates the current certificate To assure continuance of the

business a new application for a new certificate should be submitted to the state fire marshal 14 days prior to such change

(2) A partial change in a firms ownership will require a revised certificate if it affects the firms name location or mailing address

(i) Change of corporate officers Any change of corporate officers must be reported in writing to the state fire marshal within 14 days This change does not require a revised certificate

(j) Duplicate certificates A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate The certificate holder must submit written notification of the loss or destruc tion without delay accompanied by the required fee

(k) Revised certificates The change of a firms name location or mailing address requires a revised certificate Within 14 days after the change requiring the revision the registered firm must subm it written notification of the necessary change accompanied by the required fee to the State Fire Marshals Office

(l) Nontransferable A certificate is neither temporarily nor permanently transferable from one firm to another (m) Initial alignment of the expiration and renewal dates of existing branches For branch offices in existence

as of the effective date of this rule branch office certificates of registration shall expire and renew on the same date as the certificate of registration issued to the main office for that firm All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration shall be prorated accordingly

sect34511 Fire Extinguisher Licenses (a) Types of licenses Each license must be identified by type which indicates the business activity authorized

under the license (1) Type PL--For the planning supervising certifying installing or servicing of all fixed systems other than

pre-engineered systems A system planning licensee may also perform supervise or certify the installation or servicing of all pre-engineered fixed systems and portable fire extinguishers

(2) Type A--For certifying or servicing the installation of all fixed fire extinguisher systems other than pre-engineered systems or for installing certifying or servicing of all pre-engineered fixed fire extinguisher systems and the certifying and servicing of portable extinguishers

(3) Type B--For the servicing certifying and low-pressure hydrostatic testing of portables (4) Type K--For installing certifying or servicing of pre-engineered fixed fire extinguisher systems for the

protection of cooking areas and the certifying and servicing of portable extinguishers (5) Type R--For installing certifying or servicing of pre -engineered fixed residential range top fire

extinguisher systems (b) Pocket license A licensee must carry a pocket license for identification while en gaged in the activities of the

business (c) Duplicate license A duplicate license must be obtained from the state fire marshal to replace a lost or

destroyed license The license holder or registered firm must submit written notification of the loss or destruction accompanied by the required fee

(d) Revised license The change of a licensees registered firm or mailing address requires a revised license Within 14 days after the change requiring the revision the license holder or registered firm must submit written notification of the necessary change accompanied by the required fee

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(e) Restrictions (1) A licensee must not engage in any act of the business unless employed by a registered firm and holding

an unexpired license (2) A license is neither temporarily nor permanently transferable from one person to another (3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a

licensee (4) A Type A or Type K license will not be issued to an individual unless the individual has held an apprentice

permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state

(5) It will not be necessary for the applicant of a Type R license to hold an apprentice permit prior to the issuance of a Type R license

sect34512 Apprentice Permit (a) Pocket permit A permit holder must carry a pocket permit for identification while engaging in the business (b) Duplicate permit A duplicate permit must be obtained from the state fire marshal to replace a lost or

destroyed permit The permit holder and his employer must submit written notification of the loss or destruction without delay accompanied by the required fee

(c) Revised permits The change of a permittees employer home address or mailing address requires a revised permit Within 14 days after the change requiring the revision the permit holder or registered firm must submit written notification to the State Fire Marshals Office of the necessary change accompanied by the required fee

(d) Nontransferable A permit is neither temporarily nor permanently transferable from one person to another (e) Apprentice An individual holding a current apprentice permit may under the direct supervision of the

licensee assist in all respective services of the licensee however the licensee must sign all documents requiring the licensees signature

sect34513 Alteration of Certificates Licenses or Permits Alteration of such documents renders them invalid and is the basis for administrative act ion pursuant to Insurance Code sect6001252

sect34514 Applications (a) Certificates of registration

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the state fire marshals office

(2) Applications must be signed by the sole proprietor or by each partner of a partnership or by an officer of a corporation For corporations the application must be accompanied by the corporate charter of a Texas corporation or in the case of a foreign corporation a copy of the Texas certificate of authority to do business For applicants using an assumed name the application must be accompanied by evidence of compliance with the Assumed Business or Professional Name Act Texas Business and Commerce Code Chapter 71 The application must also include written authorization by the applicant permitting the state fire marshal or the state fir e marshals representative to enter examine and inspect any premises building room or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6001 and this subchapter

(3) For corporations the application must also include the corporate taxpayer identification number the charter number and a copy of the corporations current franchise tax Certificate of Good Standing issued by the state comptrollers office

(4) Applications for Type C certificates must be accompanied by a copy of the US DOT letter registering the applicants facility and that issues a registration number to the facility

(5) The applicant must comply with the following requirements concerning liability insurance (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the

applicant files a proof of liability insurance with the State Fire Marshals Office The insurance must include products and completed operations coverage

(B) Each registered firm must maintain in force and on file in the State Fire Marshals Office the certificate of insurance as required

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(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

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complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

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(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

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(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 12: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

TEXAS ADMINISTRATIVE CODE TITLE 28 TEXAS DEPARTMENT OF INSURANCE PART 1 TEXAS DEPARTMENT OF INSURANCE

CHAPTER 34 STATE FIRE M ARSHAL SUBCHAPTER E FIRE EXTINGUISHER AND INSTALLATION

28 TAC sectsect34501-34524

sect34501 Purpose The purpose of this subchapter is to regulate the business of leasing renting selling installing and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and to prohibit portable fire extinguishers fixed fire extinguisher systems and extinguis her equipment not listed by a testing laboratory approved by the commissioner in the interests of protecting and preserving lives and property under Insurance Code Chapter 6001

sect34502 Title These sections of this subchapter shall be known and may be cited as the extinguisher rules and shall be administered by and through the state fire marshal

sect34503 Applicability of Subchapter This subchapter shall apply to all firms and persons engaged in the business of leasing renting selling installi ng and servicing of portable fire extinguishers and the planning certifying installing or servicing of fixed fire extinguisher systems and not to the general public

sect34504 Exceptions The exceptions of Insurance Code sect6001156 are applicable to the sections of this subchapter

sect34505 Notices Notice by the state fire marshal and required by any provisions of the statutes or of this subchapter must be given by personal service or mailed postage prepaid to the persons residence or business address as it appears on the records in the Office of the State Fire Marshal

sect34506 Definitions The following words and terms when used in this subchapter have the following meanings unless the context clearly indicates otherwise

(1) Apprentice--A person to whom a permit has been issued by the state fire marshal to perform various acts of service or installation while under the direct supervision of a person working for the same firm and holding a valid fire extinguisher service license to perform such acts

(2) Business--The planning certifying installing leasing renting selling or servicing of portable fire extinguishers or fixed fire extinguisher systems

(3) Certificate--The certificate of registration issued by the state fire m arshal (4) Certify--To attest to the proper planning installing or servicing of portables and systems by attaching a

completed service tag or other form required by a governmental authority (5) Commissioner--The commissioner of insurance (6) Department--The Texas Department of Insurance (7) DOT Specification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured tested and

stamped with the specification number as required by the United States Department of Transportation (8) DOT Nonspecification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured and

tested but not stamped with a specification number as required by the United States Department of Transportation These cylinders may be marked by a label with the words Meets DOT Requirements

(9) Installation--The initial placement of a portable or fixed fire extinguisher system or an extension or alteration after initial placement

(10) License--The license issued by the state fire marshal to an employee of a registered firm

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 11 of 26

(11) NFPA--The National Fire Protection Association Inc a nationally recognized standards -making organization

(12) NICET--National Institute for Certification in Engineering Technologies (13) Outsource testing service--The testing service selected by the state fire marshal to administer certain

designated qualifying tests for licenses under this subchapter (14) Person--A natural person (15) Plan--To lay out detail draw calculate devise or arrang e an assembly of detection or suppression

devices and appurtenances in accordance with either fire protection standards adopted in this subchapter or specifications specially designed by a Texas registered professional engineer acting solely in his profess ional capacity

(16) Registered firm--A person partnership corporation or association holding a current certificate of registration

(17) Shop--A facility whether at a specific location or in a mobile unit of a registered firm where servicing repairing or hydrostatic testing is performed and where parts and equipment which are required by this subchapter or in the adopted standards are maintained

(18) Test--The act of subjecting a portable or fixed system to any procedure necessary to det ermine whether it is properly installed or operates correctly

(19) Direct supervision--The oversight by a licensee of the services performed by another licensee or permittee The licensee performing the direct supervision at the shop must be present at all times on the premises where the supervised licensee or permittee is performing the service When not at the shop the individual being supervised must be within sight of the licensee performing the direct supervision when installing or servicing portable fire extinguishers or pre-engineered fixed fire extinguisher systems The licensee performing the direct supervision of an engineered fixed fire extinguisher system is not required to be on -site at all times when the installation is performed

sect34507 Adopted Standards The commissioner adopts by reference in their entirety except as noted the following copyrighted standards and recommendations in this subchapter If a standard refers to a provision in a specific edition of another standard the provision is applicable only if it does not conflict with the adopted standard shown in this section The standards are published by and available from the National Fire Protection Association Inc (NFPA) Batterymarch Park Quincy Massachusetts 02269 A copy of the standards will be available for public inspection in the State Fire Marshals Office

(1) NFPA 10-2013 Standard for Portable Fire Extinguishers (2) NFPA 11-2010 Standard for Low- Medium- and High-Expansion Foam and Combined Agent Systems (3) NFPA 12-2011 Standard on Carbon Dioxide Extinguishing Systems (4) NFPA 12A-2009 Standard on Halon 1301 Fire Extinguishing Systems (5) NFPA 15-2012 Standard for Water Spray Fixed Systems for Fire Protection (6) NFPA 16-2011 Standard for the Installation of Foam-W ater Sprinkler and Foam-Water Spray Systems (7) NFPA 17-2013 Standard for Dry Chemical Extinguishing Systems (8) NFPA 17A-2013 Standard for Wet Chemical Extinguishing Systems (9) NFPA 18-2011 Standard on W etting Agents (10) NFPA 25-2014 Standard for the Inspection Testing and Maintenance of W ater-Based Fire Protection

Systems (11) NFPA 33-2011 Standard for Spray Application Using Flammable or Combustible Materials (12) NFPA 96-2014 Standard for Ventilation Control and Fire Protection of Commercial Cooking

Operations (13) NFPA 2001-2012 Standard on Clean Agent Fire Extinguishing Systems (14) NFPA 2010-2010 Standard for Fixed Aerosol Fire-Extinguishing Systems

sect34508 Approved Testing Laboratories The commissioner approves an organization as an approved testing laboratory which lists equipment and appurtenances for use in compliance with standards adopted in sect34507 of this title (relating to Adopted Standards) if the organization meets the requirem ents of an approved testing laboratory in accordance with Subchapter D of this title (relating to Testing Laboratory Rules)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 12 of 26

sect34509 Approved Certification Organization The commissioner approves the National Institute for Certification in Engineering Technologies (NICET) as a testing standards organization for testing license applicants

sect34510 Certificates of Registration (a) Required Each firm and each branch office engaged in the business must obtain a certificate of registration

from the state fire marshal (b) Properly equipped licensed person Before engaging in the business each registered firm must have at

least one licensed person who must be properly equipped to perform the act or acts authorized by its certificate (c) Types of certificates The business activity authorized by the certificate is limited to the business activity(ies)

authorized under the license of its employees A separate Type C registration is required to engage in the business of hydrostatic testing of US Department of Transportation (US DOT) specification fire extinguisher cylinders

(d) Business location Each registered firm must maintain a specific business location and the business location must be indicated on the certificate

(e) Shop A registered firm must establish and maintain a shop whether at a specific business location or in a mobile unit designed so that servicing repairing or hydrostatic testing can be performed The shop must be adequately equipped to service or test all fire extinguishers or systems the registered firm installs and services At a minimum a firm must maintain the following

(1) a copy of the most recently adopted edition of NFPA 10 (2) a copy of the most recently adopted Insurance Code Chapter 6001 and this chapter (3) a list of manufacturers or types of portable extinguishers serviced with their respective manuals or part

lists (4) portable scale to accurately measure extinguisher gross weights (5) seals or tamper indicators (6) temporary fire extinguishers replacements (7) if performing annual maintenance on carbon dioxide extinguishers at a minimum the following

additional items are required (A) conductivity tester and (B) conductivity test label

(8) if performing internal maintenance for portable extinguishers a written notice must be kept on file indicating the registered firm performing the maintenance or at a minimum the following additional items are required

(A) appropriate tools to remove and reinstall a valve head (B) charging adapters (C) Teflon tape silicone grease solvent or other lubricant used (D) supply of spare parts for respective manufacturers and type of fire extinguishers serviced (E) appropriate recharge agents (F) agent fill funnels (G) light designed to be used for internal inspections (H) dry chemical closed recovery system or sufficient new dry chemical (I) leak test equipment (J) dry nitrogen cylinders regulator and calibrated gauges for pressurizing cylinders (K) verification collar rings and (L) six-year maintenance labels

(9) if performing hydrostatic testing for portable extinguishers a written notice must be kept on file indicating the registered firm performing the test or at a minimum the following additional items are required

(A) working hydrostatic test pump with flexible connection check valves and fittings (B) protective cage or barrier (C) calibrated gauges (D) drying equipment (E) hydrostatic test log and (F) hydrostatic test labels

(10) if performing maintenance for US DOT specification portable fire extinguishers a written notice must be kept on file indicating the registered firm that would perform the hydrostatic test when required or at a minimum the following additional items are required

(A) a current Type C registration issued by the State Fire Marshals Office and (B) verification of registration through the US DOT

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 13 of 26

(11) if installing or servicing a fixed fire extinguisher system at a minimum the following additional items are required

(A) copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced

(B) applicable manufacturers service manuals for the type of system and (C) any special tools or parts as required by the manufacturers manual

(f) Business vehicles All vehicles used regularly in installation service maintenance testing or certification activities must prominently display the company name telephone number and certificate-of-registration number The numbers and letters must be at least one inch in height and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle The certificate-of-registration number must be designated in the following format TX ECR-number A business vehicle must be adequately equipped for the type of service that is being provided

(g) Branch office initial certificate of registration fees and expiration dates The initial fee for a branch office certificate of registration is $100 and is not prorated Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firms main office

(h) Change of ownership (1) The total change of a firms ownership invalidates the current certificate To assure continuance of the

business a new application for a new certificate should be submitted to the state fire marshal 14 days prior to such change

(2) A partial change in a firms ownership will require a revised certificate if it affects the firms name location or mailing address

(i) Change of corporate officers Any change of corporate officers must be reported in writing to the state fire marshal within 14 days This change does not require a revised certificate

(j) Duplicate certificates A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate The certificate holder must submit written notification of the loss or destruc tion without delay accompanied by the required fee

(k) Revised certificates The change of a firms name location or mailing address requires a revised certificate Within 14 days after the change requiring the revision the registered firm must subm it written notification of the necessary change accompanied by the required fee to the State Fire Marshals Office

(l) Nontransferable A certificate is neither temporarily nor permanently transferable from one firm to another (m) Initial alignment of the expiration and renewal dates of existing branches For branch offices in existence

as of the effective date of this rule branch office certificates of registration shall expire and renew on the same date as the certificate of registration issued to the main office for that firm All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration shall be prorated accordingly

sect34511 Fire Extinguisher Licenses (a) Types of licenses Each license must be identified by type which indicates the business activity authorized

under the license (1) Type PL--For the planning supervising certifying installing or servicing of all fixed systems other than

pre-engineered systems A system planning licensee may also perform supervise or certify the installation or servicing of all pre-engineered fixed systems and portable fire extinguishers

(2) Type A--For certifying or servicing the installation of all fixed fire extinguisher systems other than pre-engineered systems or for installing certifying or servicing of all pre-engineered fixed fire extinguisher systems and the certifying and servicing of portable extinguishers

(3) Type B--For the servicing certifying and low-pressure hydrostatic testing of portables (4) Type K--For installing certifying or servicing of pre-engineered fixed fire extinguisher systems for the

protection of cooking areas and the certifying and servicing of portable extinguishers (5) Type R--For installing certifying or servicing of pre -engineered fixed residential range top fire

extinguisher systems (b) Pocket license A licensee must carry a pocket license for identification while en gaged in the activities of the

business (c) Duplicate license A duplicate license must be obtained from the state fire marshal to replace a lost or

destroyed license The license holder or registered firm must submit written notification of the loss or destruction accompanied by the required fee

(d) Revised license The change of a licensees registered firm or mailing address requires a revised license Within 14 days after the change requiring the revision the license holder or registered firm must submit written notification of the necessary change accompanied by the required fee

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 14 of 26

(e) Restrictions (1) A licensee must not engage in any act of the business unless employed by a registered firm and holding

an unexpired license (2) A license is neither temporarily nor permanently transferable from one person to another (3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a

licensee (4) A Type A or Type K license will not be issued to an individual unless the individual has held an apprentice

permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state

(5) It will not be necessary for the applicant of a Type R license to hold an apprentice permit prior to the issuance of a Type R license

sect34512 Apprentice Permit (a) Pocket permit A permit holder must carry a pocket permit for identification while engaging in the business (b) Duplicate permit A duplicate permit must be obtained from the state fire marshal to replace a lost or

destroyed permit The permit holder and his employer must submit written notification of the loss or destruction without delay accompanied by the required fee

(c) Revised permits The change of a permittees employer home address or mailing address requires a revised permit Within 14 days after the change requiring the revision the permit holder or registered firm must submit written notification to the State Fire Marshals Office of the necessary change accompanied by the required fee

(d) Nontransferable A permit is neither temporarily nor permanently transferable from one person to another (e) Apprentice An individual holding a current apprentice permit may under the direct supervision of the

licensee assist in all respective services of the licensee however the licensee must sign all documents requiring the licensees signature

sect34513 Alteration of Certificates Licenses or Permits Alteration of such documents renders them invalid and is the basis for administrative act ion pursuant to Insurance Code sect6001252

sect34514 Applications (a) Certificates of registration

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the state fire marshals office

(2) Applications must be signed by the sole proprietor or by each partner of a partnership or by an officer of a corporation For corporations the application must be accompanied by the corporate charter of a Texas corporation or in the case of a foreign corporation a copy of the Texas certificate of authority to do business For applicants using an assumed name the application must be accompanied by evidence of compliance with the Assumed Business or Professional Name Act Texas Business and Commerce Code Chapter 71 The application must also include written authorization by the applicant permitting the state fire marshal or the state fir e marshals representative to enter examine and inspect any premises building room or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6001 and this subchapter

(3) For corporations the application must also include the corporate taxpayer identification number the charter number and a copy of the corporations current franchise tax Certificate of Good Standing issued by the state comptrollers office

(4) Applications for Type C certificates must be accompanied by a copy of the US DOT letter registering the applicants facility and that issues a registration number to the facility

(5) The applicant must comply with the following requirements concerning liability insurance (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the

applicant files a proof of liability insurance with the State Fire Marshals Office The insurance must include products and completed operations coverage

(B) Each registered firm must maintain in force and on file in the State Fire Marshals Office the certificate of insurance as required

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 15 of 26

(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 16 of 26

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 13: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

(11) NFPA--The National Fire Protection Association Inc a nationally recognized standards -making organization

(12) NICET--National Institute for Certification in Engineering Technologies (13) Outsource testing service--The testing service selected by the state fire marshal to administer certain

designated qualifying tests for licenses under this subchapter (14) Person--A natural person (15) Plan--To lay out detail draw calculate devise or arrang e an assembly of detection or suppression

devices and appurtenances in accordance with either fire protection standards adopted in this subchapter or specifications specially designed by a Texas registered professional engineer acting solely in his profess ional capacity

(16) Registered firm--A person partnership corporation or association holding a current certificate of registration

(17) Shop--A facility whether at a specific location or in a mobile unit of a registered firm where servicing repairing or hydrostatic testing is performed and where parts and equipment which are required by this subchapter or in the adopted standards are maintained

(18) Test--The act of subjecting a portable or fixed system to any procedure necessary to det ermine whether it is properly installed or operates correctly

(19) Direct supervision--The oversight by a licensee of the services performed by another licensee or permittee The licensee performing the direct supervision at the shop must be present at all times on the premises where the supervised licensee or permittee is performing the service When not at the shop the individual being supervised must be within sight of the licensee performing the direct supervision when installing or servicing portable fire extinguishers or pre-engineered fixed fire extinguisher systems The licensee performing the direct supervision of an engineered fixed fire extinguisher system is not required to be on -site at all times when the installation is performed

sect34507 Adopted Standards The commissioner adopts by reference in their entirety except as noted the following copyrighted standards and recommendations in this subchapter If a standard refers to a provision in a specific edition of another standard the provision is applicable only if it does not conflict with the adopted standard shown in this section The standards are published by and available from the National Fire Protection Association Inc (NFPA) Batterymarch Park Quincy Massachusetts 02269 A copy of the standards will be available for public inspection in the State Fire Marshals Office

(1) NFPA 10-2013 Standard for Portable Fire Extinguishers (2) NFPA 11-2010 Standard for Low- Medium- and High-Expansion Foam and Combined Agent Systems (3) NFPA 12-2011 Standard on Carbon Dioxide Extinguishing Systems (4) NFPA 12A-2009 Standard on Halon 1301 Fire Extinguishing Systems (5) NFPA 15-2012 Standard for Water Spray Fixed Systems for Fire Protection (6) NFPA 16-2011 Standard for the Installation of Foam-W ater Sprinkler and Foam-Water Spray Systems (7) NFPA 17-2013 Standard for Dry Chemical Extinguishing Systems (8) NFPA 17A-2013 Standard for Wet Chemical Extinguishing Systems (9) NFPA 18-2011 Standard on W etting Agents (10) NFPA 25-2014 Standard for the Inspection Testing and Maintenance of W ater-Based Fire Protection

Systems (11) NFPA 33-2011 Standard for Spray Application Using Flammable or Combustible Materials (12) NFPA 96-2014 Standard for Ventilation Control and Fire Protection of Commercial Cooking

Operations (13) NFPA 2001-2012 Standard on Clean Agent Fire Extinguishing Systems (14) NFPA 2010-2010 Standard for Fixed Aerosol Fire-Extinguishing Systems

sect34508 Approved Testing Laboratories The commissioner approves an organization as an approved testing laboratory which lists equipment and appurtenances for use in compliance with standards adopted in sect34507 of this title (relating to Adopted Standards) if the organization meets the requirem ents of an approved testing laboratory in accordance with Subchapter D of this title (relating to Testing Laboratory Rules)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 12 of 26

sect34509 Approved Certification Organization The commissioner approves the National Institute for Certification in Engineering Technologies (NICET) as a testing standards organization for testing license applicants

sect34510 Certificates of Registration (a) Required Each firm and each branch office engaged in the business must obtain a certificate of registration

from the state fire marshal (b) Properly equipped licensed person Before engaging in the business each registered firm must have at

least one licensed person who must be properly equipped to perform the act or acts authorized by its certificate (c) Types of certificates The business activity authorized by the certificate is limited to the business activity(ies)

authorized under the license of its employees A separate Type C registration is required to engage in the business of hydrostatic testing of US Department of Transportation (US DOT) specification fire extinguisher cylinders

(d) Business location Each registered firm must maintain a specific business location and the business location must be indicated on the certificate

(e) Shop A registered firm must establish and maintain a shop whether at a specific business location or in a mobile unit designed so that servicing repairing or hydrostatic testing can be performed The shop must be adequately equipped to service or test all fire extinguishers or systems the registered firm installs and services At a minimum a firm must maintain the following

(1) a copy of the most recently adopted edition of NFPA 10 (2) a copy of the most recently adopted Insurance Code Chapter 6001 and this chapter (3) a list of manufacturers or types of portable extinguishers serviced with their respective manuals or part

lists (4) portable scale to accurately measure extinguisher gross weights (5) seals or tamper indicators (6) temporary fire extinguishers replacements (7) if performing annual maintenance on carbon dioxide extinguishers at a minimum the following

additional items are required (A) conductivity tester and (B) conductivity test label

(8) if performing internal maintenance for portable extinguishers a written notice must be kept on file indicating the registered firm performing the maintenance or at a minimum the following additional items are required

(A) appropriate tools to remove and reinstall a valve head (B) charging adapters (C) Teflon tape silicone grease solvent or other lubricant used (D) supply of spare parts for respective manufacturers and type of fire extinguishers serviced (E) appropriate recharge agents (F) agent fill funnels (G) light designed to be used for internal inspections (H) dry chemical closed recovery system or sufficient new dry chemical (I) leak test equipment (J) dry nitrogen cylinders regulator and calibrated gauges for pressurizing cylinders (K) verification collar rings and (L) six-year maintenance labels

(9) if performing hydrostatic testing for portable extinguishers a written notice must be kept on file indicating the registered firm performing the test or at a minimum the following additional items are required

(A) working hydrostatic test pump with flexible connection check valves and fittings (B) protective cage or barrier (C) calibrated gauges (D) drying equipment (E) hydrostatic test log and (F) hydrostatic test labels

(10) if performing maintenance for US DOT specification portable fire extinguishers a written notice must be kept on file indicating the registered firm that would perform the hydrostatic test when required or at a minimum the following additional items are required

(A) a current Type C registration issued by the State Fire Marshals Office and (B) verification of registration through the US DOT

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 13 of 26

(11) if installing or servicing a fixed fire extinguisher system at a minimum the following additional items are required

(A) copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced

(B) applicable manufacturers service manuals for the type of system and (C) any special tools or parts as required by the manufacturers manual

(f) Business vehicles All vehicles used regularly in installation service maintenance testing or certification activities must prominently display the company name telephone number and certificate-of-registration number The numbers and letters must be at least one inch in height and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle The certificate-of-registration number must be designated in the following format TX ECR-number A business vehicle must be adequately equipped for the type of service that is being provided

(g) Branch office initial certificate of registration fees and expiration dates The initial fee for a branch office certificate of registration is $100 and is not prorated Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firms main office

(h) Change of ownership (1) The total change of a firms ownership invalidates the current certificate To assure continuance of the

business a new application for a new certificate should be submitted to the state fire marshal 14 days prior to such change

(2) A partial change in a firms ownership will require a revised certificate if it affects the firms name location or mailing address

(i) Change of corporate officers Any change of corporate officers must be reported in writing to the state fire marshal within 14 days This change does not require a revised certificate

(j) Duplicate certificates A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate The certificate holder must submit written notification of the loss or destruc tion without delay accompanied by the required fee

(k) Revised certificates The change of a firms name location or mailing address requires a revised certificate Within 14 days after the change requiring the revision the registered firm must subm it written notification of the necessary change accompanied by the required fee to the State Fire Marshals Office

(l) Nontransferable A certificate is neither temporarily nor permanently transferable from one firm to another (m) Initial alignment of the expiration and renewal dates of existing branches For branch offices in existence

as of the effective date of this rule branch office certificates of registration shall expire and renew on the same date as the certificate of registration issued to the main office for that firm All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration shall be prorated accordingly

sect34511 Fire Extinguisher Licenses (a) Types of licenses Each license must be identified by type which indicates the business activity authorized

under the license (1) Type PL--For the planning supervising certifying installing or servicing of all fixed systems other than

pre-engineered systems A system planning licensee may also perform supervise or certify the installation or servicing of all pre-engineered fixed systems and portable fire extinguishers

(2) Type A--For certifying or servicing the installation of all fixed fire extinguisher systems other than pre-engineered systems or for installing certifying or servicing of all pre-engineered fixed fire extinguisher systems and the certifying and servicing of portable extinguishers

(3) Type B--For the servicing certifying and low-pressure hydrostatic testing of portables (4) Type K--For installing certifying or servicing of pre-engineered fixed fire extinguisher systems for the

protection of cooking areas and the certifying and servicing of portable extinguishers (5) Type R--For installing certifying or servicing of pre -engineered fixed residential range top fire

extinguisher systems (b) Pocket license A licensee must carry a pocket license for identification while en gaged in the activities of the

business (c) Duplicate license A duplicate license must be obtained from the state fire marshal to replace a lost or

destroyed license The license holder or registered firm must submit written notification of the loss or destruction accompanied by the required fee

(d) Revised license The change of a licensees registered firm or mailing address requires a revised license Within 14 days after the change requiring the revision the license holder or registered firm must submit written notification of the necessary change accompanied by the required fee

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 14 of 26

(e) Restrictions (1) A licensee must not engage in any act of the business unless employed by a registered firm and holding

an unexpired license (2) A license is neither temporarily nor permanently transferable from one person to another (3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a

licensee (4) A Type A or Type K license will not be issued to an individual unless the individual has held an apprentice

permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state

(5) It will not be necessary for the applicant of a Type R license to hold an apprentice permit prior to the issuance of a Type R license

sect34512 Apprentice Permit (a) Pocket permit A permit holder must carry a pocket permit for identification while engaging in the business (b) Duplicate permit A duplicate permit must be obtained from the state fire marshal to replace a lost or

destroyed permit The permit holder and his employer must submit written notification of the loss or destruction without delay accompanied by the required fee

(c) Revised permits The change of a permittees employer home address or mailing address requires a revised permit Within 14 days after the change requiring the revision the permit holder or registered firm must submit written notification to the State Fire Marshals Office of the necessary change accompanied by the required fee

(d) Nontransferable A permit is neither temporarily nor permanently transferable from one person to another (e) Apprentice An individual holding a current apprentice permit may under the direct supervision of the

licensee assist in all respective services of the licensee however the licensee must sign all documents requiring the licensees signature

sect34513 Alteration of Certificates Licenses or Permits Alteration of such documents renders them invalid and is the basis for administrative act ion pursuant to Insurance Code sect6001252

sect34514 Applications (a) Certificates of registration

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the state fire marshals office

(2) Applications must be signed by the sole proprietor or by each partner of a partnership or by an officer of a corporation For corporations the application must be accompanied by the corporate charter of a Texas corporation or in the case of a foreign corporation a copy of the Texas certificate of authority to do business For applicants using an assumed name the application must be accompanied by evidence of compliance with the Assumed Business or Professional Name Act Texas Business and Commerce Code Chapter 71 The application must also include written authorization by the applicant permitting the state fire marshal or the state fir e marshals representative to enter examine and inspect any premises building room or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6001 and this subchapter

(3) For corporations the application must also include the corporate taxpayer identification number the charter number and a copy of the corporations current franchise tax Certificate of Good Standing issued by the state comptrollers office

(4) Applications for Type C certificates must be accompanied by a copy of the US DOT letter registering the applicants facility and that issues a registration number to the facility

(5) The applicant must comply with the following requirements concerning liability insurance (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the

applicant files a proof of liability insurance with the State Fire Marshals Office The insurance must include products and completed operations coverage

(B) Each registered firm must maintain in force and on file in the State Fire Marshals Office the certificate of insurance as required

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 15 of 26

(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 16 of 26

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 14: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

sect34509 Approved Certification Organization The commissioner approves the National Institute for Certification in Engineering Technologies (NICET) as a testing standards organization for testing license applicants

sect34510 Certificates of Registration (a) Required Each firm and each branch office engaged in the business must obtain a certificate of registration

from the state fire marshal (b) Properly equipped licensed person Before engaging in the business each registered firm must have at

least one licensed person who must be properly equipped to perform the act or acts authorized by its certificate (c) Types of certificates The business activity authorized by the certificate is limited to the business activity(ies)

authorized under the license of its employees A separate Type C registration is required to engage in the business of hydrostatic testing of US Department of Transportation (US DOT) specification fire extinguisher cylinders

(d) Business location Each registered firm must maintain a specific business location and the business location must be indicated on the certificate

(e) Shop A registered firm must establish and maintain a shop whether at a specific business location or in a mobile unit designed so that servicing repairing or hydrostatic testing can be performed The shop must be adequately equipped to service or test all fire extinguishers or systems the registered firm installs and services At a minimum a firm must maintain the following

(1) a copy of the most recently adopted edition of NFPA 10 (2) a copy of the most recently adopted Insurance Code Chapter 6001 and this chapter (3) a list of manufacturers or types of portable extinguishers serviced with their respective manuals or part

lists (4) portable scale to accurately measure extinguisher gross weights (5) seals or tamper indicators (6) temporary fire extinguishers replacements (7) if performing annual maintenance on carbon dioxide extinguishers at a minimum the following

additional items are required (A) conductivity tester and (B) conductivity test label

(8) if performing internal maintenance for portable extinguishers a written notice must be kept on file indicating the registered firm performing the maintenance or at a minimum the following additional items are required

(A) appropriate tools to remove and reinstall a valve head (B) charging adapters (C) Teflon tape silicone grease solvent or other lubricant used (D) supply of spare parts for respective manufacturers and type of fire extinguishers serviced (E) appropriate recharge agents (F) agent fill funnels (G) light designed to be used for internal inspections (H) dry chemical closed recovery system or sufficient new dry chemical (I) leak test equipment (J) dry nitrogen cylinders regulator and calibrated gauges for pressurizing cylinders (K) verification collar rings and (L) six-year maintenance labels

(9) if performing hydrostatic testing for portable extinguishers a written notice must be kept on file indicating the registered firm performing the test or at a minimum the following additional items are required

(A) working hydrostatic test pump with flexible connection check valves and fittings (B) protective cage or barrier (C) calibrated gauges (D) drying equipment (E) hydrostatic test log and (F) hydrostatic test labels

(10) if performing maintenance for US DOT specification portable fire extinguishers a written notice must be kept on file indicating the registered firm that would perform the hydrostatic test when required or at a minimum the following additional items are required

(A) a current Type C registration issued by the State Fire Marshals Office and (B) verification of registration through the US DOT

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 13 of 26

(11) if installing or servicing a fixed fire extinguisher system at a minimum the following additional items are required

(A) copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced

(B) applicable manufacturers service manuals for the type of system and (C) any special tools or parts as required by the manufacturers manual

(f) Business vehicles All vehicles used regularly in installation service maintenance testing or certification activities must prominently display the company name telephone number and certificate-of-registration number The numbers and letters must be at least one inch in height and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle The certificate-of-registration number must be designated in the following format TX ECR-number A business vehicle must be adequately equipped for the type of service that is being provided

(g) Branch office initial certificate of registration fees and expiration dates The initial fee for a branch office certificate of registration is $100 and is not prorated Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firms main office

(h) Change of ownership (1) The total change of a firms ownership invalidates the current certificate To assure continuance of the

business a new application for a new certificate should be submitted to the state fire marshal 14 days prior to such change

(2) A partial change in a firms ownership will require a revised certificate if it affects the firms name location or mailing address

(i) Change of corporate officers Any change of corporate officers must be reported in writing to the state fire marshal within 14 days This change does not require a revised certificate

(j) Duplicate certificates A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate The certificate holder must submit written notification of the loss or destruc tion without delay accompanied by the required fee

(k) Revised certificates The change of a firms name location or mailing address requires a revised certificate Within 14 days after the change requiring the revision the registered firm must subm it written notification of the necessary change accompanied by the required fee to the State Fire Marshals Office

(l) Nontransferable A certificate is neither temporarily nor permanently transferable from one firm to another (m) Initial alignment of the expiration and renewal dates of existing branches For branch offices in existence

as of the effective date of this rule branch office certificates of registration shall expire and renew on the same date as the certificate of registration issued to the main office for that firm All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration shall be prorated accordingly

sect34511 Fire Extinguisher Licenses (a) Types of licenses Each license must be identified by type which indicates the business activity authorized

under the license (1) Type PL--For the planning supervising certifying installing or servicing of all fixed systems other than

pre-engineered systems A system planning licensee may also perform supervise or certify the installation or servicing of all pre-engineered fixed systems and portable fire extinguishers

(2) Type A--For certifying or servicing the installation of all fixed fire extinguisher systems other than pre-engineered systems or for installing certifying or servicing of all pre-engineered fixed fire extinguisher systems and the certifying and servicing of portable extinguishers

(3) Type B--For the servicing certifying and low-pressure hydrostatic testing of portables (4) Type K--For installing certifying or servicing of pre-engineered fixed fire extinguisher systems for the

protection of cooking areas and the certifying and servicing of portable extinguishers (5) Type R--For installing certifying or servicing of pre -engineered fixed residential range top fire

extinguisher systems (b) Pocket license A licensee must carry a pocket license for identification while en gaged in the activities of the

business (c) Duplicate license A duplicate license must be obtained from the state fire marshal to replace a lost or

destroyed license The license holder or registered firm must submit written notification of the loss or destruction accompanied by the required fee

(d) Revised license The change of a licensees registered firm or mailing address requires a revised license Within 14 days after the change requiring the revision the license holder or registered firm must submit written notification of the necessary change accompanied by the required fee

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 14 of 26

(e) Restrictions (1) A licensee must not engage in any act of the business unless employed by a registered firm and holding

an unexpired license (2) A license is neither temporarily nor permanently transferable from one person to another (3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a

licensee (4) A Type A or Type K license will not be issued to an individual unless the individual has held an apprentice

permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state

(5) It will not be necessary for the applicant of a Type R license to hold an apprentice permit prior to the issuance of a Type R license

sect34512 Apprentice Permit (a) Pocket permit A permit holder must carry a pocket permit for identification while engaging in the business (b) Duplicate permit A duplicate permit must be obtained from the state fire marshal to replace a lost or

destroyed permit The permit holder and his employer must submit written notification of the loss or destruction without delay accompanied by the required fee

(c) Revised permits The change of a permittees employer home address or mailing address requires a revised permit Within 14 days after the change requiring the revision the permit holder or registered firm must submit written notification to the State Fire Marshals Office of the necessary change accompanied by the required fee

(d) Nontransferable A permit is neither temporarily nor permanently transferable from one person to another (e) Apprentice An individual holding a current apprentice permit may under the direct supervision of the

licensee assist in all respective services of the licensee however the licensee must sign all documents requiring the licensees signature

sect34513 Alteration of Certificates Licenses or Permits Alteration of such documents renders them invalid and is the basis for administrative act ion pursuant to Insurance Code sect6001252

sect34514 Applications (a) Certificates of registration

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the state fire marshals office

(2) Applications must be signed by the sole proprietor or by each partner of a partnership or by an officer of a corporation For corporations the application must be accompanied by the corporate charter of a Texas corporation or in the case of a foreign corporation a copy of the Texas certificate of authority to do business For applicants using an assumed name the application must be accompanied by evidence of compliance with the Assumed Business or Professional Name Act Texas Business and Commerce Code Chapter 71 The application must also include written authorization by the applicant permitting the state fire marshal or the state fir e marshals representative to enter examine and inspect any premises building room or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6001 and this subchapter

(3) For corporations the application must also include the corporate taxpayer identification number the charter number and a copy of the corporations current franchise tax Certificate of Good Standing issued by the state comptrollers office

(4) Applications for Type C certificates must be accompanied by a copy of the US DOT letter registering the applicants facility and that issues a registration number to the facility

(5) The applicant must comply with the following requirements concerning liability insurance (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the

applicant files a proof of liability insurance with the State Fire Marshals Office The insurance must include products and completed operations coverage

(B) Each registered firm must maintain in force and on file in the State Fire Marshals Office the certificate of insurance as required

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 15 of 26

(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 16 of 26

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 15: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

(11) if installing or servicing a fixed fire extinguisher system at a minimum the following additional items are required

(A) copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced

(B) applicable manufacturers service manuals for the type of system and (C) any special tools or parts as required by the manufacturers manual

(f) Business vehicles All vehicles used regularly in installation service maintenance testing or certification activities must prominently display the company name telephone number and certificate-of-registration number The numbers and letters must be at least one inch in height and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle The certificate-of-registration number must be designated in the following format TX ECR-number A business vehicle must be adequately equipped for the type of service that is being provided

(g) Branch office initial certificate of registration fees and expiration dates The initial fee for a branch office certificate of registration is $100 and is not prorated Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firms main office

(h) Change of ownership (1) The total change of a firms ownership invalidates the current certificate To assure continuance of the

business a new application for a new certificate should be submitted to the state fire marshal 14 days prior to such change

(2) A partial change in a firms ownership will require a revised certificate if it affects the firms name location or mailing address

(i) Change of corporate officers Any change of corporate officers must be reported in writing to the state fire marshal within 14 days This change does not require a revised certificate

(j) Duplicate certificates A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate The certificate holder must submit written notification of the loss or destruc tion without delay accompanied by the required fee

(k) Revised certificates The change of a firms name location or mailing address requires a revised certificate Within 14 days after the change requiring the revision the registered firm must subm it written notification of the necessary change accompanied by the required fee to the State Fire Marshals Office

(l) Nontransferable A certificate is neither temporarily nor permanently transferable from one firm to another (m) Initial alignment of the expiration and renewal dates of existing branches For branch offices in existence

as of the effective date of this rule branch office certificates of registration shall expire and renew on the same date as the certificate of registration issued to the main office for that firm All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration shall be prorated accordingly

sect34511 Fire Extinguisher Licenses (a) Types of licenses Each license must be identified by type which indicates the business activity authorized

under the license (1) Type PL--For the planning supervising certifying installing or servicing of all fixed systems other than

pre-engineered systems A system planning licensee may also perform supervise or certify the installation or servicing of all pre-engineered fixed systems and portable fire extinguishers

(2) Type A--For certifying or servicing the installation of all fixed fire extinguisher systems other than pre-engineered systems or for installing certifying or servicing of all pre-engineered fixed fire extinguisher systems and the certifying and servicing of portable extinguishers

(3) Type B--For the servicing certifying and low-pressure hydrostatic testing of portables (4) Type K--For installing certifying or servicing of pre-engineered fixed fire extinguisher systems for the

protection of cooking areas and the certifying and servicing of portable extinguishers (5) Type R--For installing certifying or servicing of pre -engineered fixed residential range top fire

extinguisher systems (b) Pocket license A licensee must carry a pocket license for identification while en gaged in the activities of the

business (c) Duplicate license A duplicate license must be obtained from the state fire marshal to replace a lost or

destroyed license The license holder or registered firm must submit written notification of the loss or destruction accompanied by the required fee

(d) Revised license The change of a licensees registered firm or mailing address requires a revised license Within 14 days after the change requiring the revision the license holder or registered firm must submit written notification of the necessary change accompanied by the required fee

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 14 of 26

(e) Restrictions (1) A licensee must not engage in any act of the business unless employed by a registered firm and holding

an unexpired license (2) A license is neither temporarily nor permanently transferable from one person to another (3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a

licensee (4) A Type A or Type K license will not be issued to an individual unless the individual has held an apprentice

permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state

(5) It will not be necessary for the applicant of a Type R license to hold an apprentice permit prior to the issuance of a Type R license

sect34512 Apprentice Permit (a) Pocket permit A permit holder must carry a pocket permit for identification while engaging in the business (b) Duplicate permit A duplicate permit must be obtained from the state fire marshal to replace a lost or

destroyed permit The permit holder and his employer must submit written notification of the loss or destruction without delay accompanied by the required fee

(c) Revised permits The change of a permittees employer home address or mailing address requires a revised permit Within 14 days after the change requiring the revision the permit holder or registered firm must submit written notification to the State Fire Marshals Office of the necessary change accompanied by the required fee

(d) Nontransferable A permit is neither temporarily nor permanently transferable from one person to another (e) Apprentice An individual holding a current apprentice permit may under the direct supervision of the

licensee assist in all respective services of the licensee however the licensee must sign all documents requiring the licensees signature

sect34513 Alteration of Certificates Licenses or Permits Alteration of such documents renders them invalid and is the basis for administrative act ion pursuant to Insurance Code sect6001252

sect34514 Applications (a) Certificates of registration

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the state fire marshals office

(2) Applications must be signed by the sole proprietor or by each partner of a partnership or by an officer of a corporation For corporations the application must be accompanied by the corporate charter of a Texas corporation or in the case of a foreign corporation a copy of the Texas certificate of authority to do business For applicants using an assumed name the application must be accompanied by evidence of compliance with the Assumed Business or Professional Name Act Texas Business and Commerce Code Chapter 71 The application must also include written authorization by the applicant permitting the state fire marshal or the state fir e marshals representative to enter examine and inspect any premises building room or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6001 and this subchapter

(3) For corporations the application must also include the corporate taxpayer identification number the charter number and a copy of the corporations current franchise tax Certificate of Good Standing issued by the state comptrollers office

(4) Applications for Type C certificates must be accompanied by a copy of the US DOT letter registering the applicants facility and that issues a registration number to the facility

(5) The applicant must comply with the following requirements concerning liability insurance (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the

applicant files a proof of liability insurance with the State Fire Marshals Office The insurance must include products and completed operations coverage

(B) Each registered firm must maintain in force and on file in the State Fire Marshals Office the certificate of insurance as required

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 15 of 26

(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 16 of 26

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 16: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

(e) Restrictions (1) A licensee must not engage in any act of the business unless employed by a registered firm and holding

an unexpired license (2) A license is neither temporarily nor permanently transferable from one person to another (3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a

licensee (4) A Type A or Type K license will not be issued to an individual unless the individual has held an apprentice

permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state

(5) It will not be necessary for the applicant of a Type R license to hold an apprentice permit prior to the issuance of a Type R license

sect34512 Apprentice Permit (a) Pocket permit A permit holder must carry a pocket permit for identification while engaging in the business (b) Duplicate permit A duplicate permit must be obtained from the state fire marshal to replace a lost or

destroyed permit The permit holder and his employer must submit written notification of the loss or destruction without delay accompanied by the required fee

(c) Revised permits The change of a permittees employer home address or mailing address requires a revised permit Within 14 days after the change requiring the revision the permit holder or registered firm must submit written notification to the State Fire Marshals Office of the necessary change accompanied by the required fee

(d) Nontransferable A permit is neither temporarily nor permanently transferable from one person to another (e) Apprentice An individual holding a current apprentice permit may under the direct supervision of the

licensee assist in all respective services of the licensee however the licensee must sign all documents requiring the licensees signature

sect34513 Alteration of Certificates Licenses or Permits Alteration of such documents renders them invalid and is the basis for administrative act ion pursuant to Insurance Code sect6001252

sect34514 Applications (a) Certificates of registration

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the state fire marshals office

(2) Applications must be signed by the sole proprietor or by each partner of a partnership or by an officer of a corporation For corporations the application must be accompanied by the corporate charter of a Texas corporation or in the case of a foreign corporation a copy of the Texas certificate of authority to do business For applicants using an assumed name the application must be accompanied by evidence of compliance with the Assumed Business or Professional Name Act Texas Business and Commerce Code Chapter 71 The application must also include written authorization by the applicant permitting the state fire marshal or the state fir e marshals representative to enter examine and inspect any premises building room or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6001 and this subchapter

(3) For corporations the application must also include the corporate taxpayer identification number the charter number and a copy of the corporations current franchise tax Certificate of Good Standing issued by the state comptrollers office

(4) Applications for Type C certificates must be accompanied by a copy of the US DOT letter registering the applicants facility and that issues a registration number to the facility

(5) The applicant must comply with the following requirements concerning liability insurance (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the

applicant files a proof of liability insurance with the State Fire Marshals Office The insurance must include products and completed operations coverage

(B) Each registered firm must maintain in force and on file in the State Fire Marshals Office the certificate of insurance as required

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 15 of 26

(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 16 of 26

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 17: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

(C) Evidence of public liability insurance as required by Insurance Code sect6001154 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state

(D) If a certificate of registration is to be issued in the n ame of a corporation the corporate name must be used on the applicable insurance forms If the corporation is obtaining a certificate of registration in an assumed name the insurance must be issued to the corporation doing business as (dba) the assumed n ame Example XYZ Corporation dba XXX Extinguisher Service

(E) Insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners

(F) Insurance for a proprietorship must be issued to th e individual owner If an assumed name is used the insurance must be issued to the individual doing business as (dba) the assumed name Example W illiam Jones dba XXX Extinguisher Service

(b) Fire extinguisher licenses (1) Original applications for a license from an employee of a firm engaged in the business must be submitted

on forms provided by the state fire marshal and accompanied by a criminal history report from the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter

(2) Applications for Type A and Type K licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of sect34511(f)(4) o f this title (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license

(A) proof of registration in Texas as a professional engineer or (B) a copy of NICETs (National Institute for Certification in Engineering Technologies) notification letter

regarding the applicants successful completion of examination requirement s for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems

(4) All applications must indicate if the individual is an employee or agent of the registered firm (A) If the individual is an employee of the registered firm the State Fire Marshals Office may request

from the registered firm verification of employment of the individual (B) If the individual is an agent of the fire extinguisher firm the State Fire Marshals Office may request

the firm to provide a letter or other document acceptable to the State Fire Marshals Office issued by the firms insurance company verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firms registration If required the verifying document must be submitted to the State Fire Marshals Office before a license will be issued or when there is a change in the licensees registered firm Unless otherwise required by the State Fire Marshals Office renewal of a license does not require insurance verification unless there has been a change in the insurance carrier

(c) Complete application required for renewal Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by a criminal history report obtained through the Texas Department of Public Safety and all other information required by Insurance Code Chapter 6001 and this subchapter An application will not be deemed complete until all required forms and documents have been received in the State Fire Marshals Office

(d) Timely filed A license or registration will expire at 1200 midnight on the date printed on the license or registration A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely If a renewal application is not complete but there has been no lapse in the required insurance the applicant will have 30 days from the time the applicant is notified by the State Fire Marshals Office of the deficiencies in the renewal application to subm it any additional requirement If an applicant fails to respond and correct all deficiencies in a renewal application within the 30 -day period a late fee may be charged

(e) Requirements for applicants holding licenses from other states An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by Insurance Code Chapter 6001 and this subchapter

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state and

(2) additional information from the state detailing material content of any required examination used to qualify for license including NFPA or other standards if applicable

(f) Apprentice permits Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee

(g) Complete applications The application form for a license or registration must be accompanied by the required fee and must within 180 days of receipt by the State Fire Marshals Office of the initial application be

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 16 of 26

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 18: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

complete and accompanied by all other information required by Insurance Code Chapter 6001 and this subchapter or a new application must be submitted including all applicable fees

sect34515 Fees (a) Except for fees specified in subsection (d) of this section all fees payable shall be submitted by check or

money order made payable to the Texas Department of Insurance or the State Fire Marshals Office or if the license is renewable over the internet where the renewal application is to be submitted under the Texas OnLine Project in which case fees shall be submitted as directed by the Texas OnLine Authority Should the department authorize other online or electronic original applications or other transactions persons shall submit fees with the transaction as directed by the department or the Texas OnLine Authority Except for overpayments resulting from mistakes of law or fact all fees are non-refundable

(b) Fees are as follows (1) Certificates of registration

(A) initial fee--$450 (B) renewal fee (for two years)--$600 (C) renewal late fee (expired 1 day to 90 days)--$225 plus $50 for each branch office operated by the

registered firm (D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by

the registered firm (E) branch office initial fee--$100 (F) branch office renewal fee (for two years)--$200

(2) Certificate of registration (Type C) (A) initial fee--$250 (B) renewal fee (for two years)--$300 (C) renewal late fee (expired 1 day to 90 days)--$125 (D) renewal late fee (expired 91 days to two years)--$250

(3) Fire extinguisher license (Type A B R and K) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(4) Fire extinguisher license (Type PL) (A) initial fee--$70 (B) renewal fee (for two years)--$100 (C) renewal late fee (expired 1 day to 90 days)--$35 (D) renewal late fee (expired 91 days to two years)--$70

(5) Apprentice permit fee--$30 (6) Duplicate or revised certificates licenses permits or other requested chang es to certificates licenses

or permits--$20 (7) Initial test fee (if administered by the SFMO)--$20 (8) Retest fee (if administered by the SFMO)--$20

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license

sect34516 Tests (a) Applicants for licenses are required to take a test and obtain a grade of at least 70 percent on the test Tests

may be supplemented by practical tests or demonstrations deemed necessary to determine the applicants knowledge and ability The test content frequency location and outsource testing service must be designated by the state fire marshal

(1) The Type B license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001 and (B) installing and servicing of portables

(2) The Type A license test will include questions on the following (A) this subchapter and Insurance Code Chapter 6001

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 17 of 26

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 19: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

(B) installing and servicing of portables (C) fixed systems and (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (3) The Type K license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 (B) installing and servicing of portables and (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking

areas (4) The Type PL license test will include questions on the following

(A) this subchapter and Insurance Code Chapter 6001 and (B) a technically qualifying test to be conducted through NICET

(5) The Type R license test will include questions on this subchapter and Insurance Code Chapter 6001 (b) The standards used in the tests will be adopted by the State Fire Marshals Office (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee (d) A person whose license has been expired for two years or longer who makes application for a new license

must take and pass another test No test is required for a licensee whose license is renewed within two years of expiration

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State F ire Marshals Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date

(f) An applicant may only schedule each type of test three times within a twelve -month period (g) An applicant for a license must complete and submit all application requirements within one year of the

successful completion of any test required for a license except for testing conducted through NICET otherwise the test is voided and the individual will have to pass the test again

sect34517 Installation and Service (a) The following requirements are applicable to all portable extinguishers

(1) Portable extinguishers must be installed serviced and maintained in compliance with the manufacturers instructions and with the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work

(3) W hen requested in writing by the owner a portable fire extinguisher of the type described in subparagraphs (A) (B) or (C) of this paragraph may be serviced in accordance with the requirement of this subchapter regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation or

(C) Cartridge-actuated portable fire extinguishers used exclusively by employees of the firm owning the extinguishers

(4) A licensee who services portable fire extinguishers in accordance with paragrap h (3) of this subsection shall comply with the following

(A) The back of the service tag shall be plainly marked with the words No Listing Mark (B) All missing markings code symbols instructions and information required by the applicable

performance standard and fire test standard specified in sect34507(1) of this title (relating to Adopted Standards) except for the approving or listing mark of the testing laboratory shall be affixed to each extinguisher in the form of a label designated in the standard

(b) The following requirements are applicable to all fixed fire extinguisher systems (1) Fixed systems must be planned installed and serviced in compliance with the manufacturers

installation manuals and specifications or the applicable standards adopted in this subchapter except when the installation or servicing complies with a standard that has been adopted by the political subdivision in which the system is installed

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 18 of 26

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 20: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system a licensee authorized to certify pre-engineered fixed fire extinguishing systems under th e provisions of this subchapter must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre -engineered system a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturers installation manuals and specifications plans developed by a Typ e PL licensee or professional engineer or standards adopted by the commissioner in this subchapter The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing

(c) Pre-engineered fixed fire extinguisher systems must be installed and serviced by a licensee authorized to install or service pre-engineered fixed fire extinguishing systems under the provisions of this subchapter

(d) A pre-engineered fixed fire extinguisher system except those covered by subsection (f) of t his section that has been previously installed in one location may be reinstalled in another location if

(1) the system is of the size and type necessary to protect all hazards (2) all parts and equipment when installed will function as designed by the manufacturer and (3) the system complies with all applicable adopted standards

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned installed or serviced by a Type PL licensee or professional engineer Installation and servicing of these systems may also be performed by or supervised by a Type A licensee An employee of the registered firm may install these systems under the direct supervision of a Type A or PL licensee without obtaining a license or perm it

(f) All pre-engineered fixed fire extinguishing systems installed or modified after July 1 1996 in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) After January 1 2008 all existing pre-engineered fixed fire extinguishing systems installed in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas must meet the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protec tion of Restaurant Cooking Area (UL 300) or a red tag shall be attached following the procedures in sect34521 of this title (relating to Red Tags)

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied

(h) The fixed-temperature sensing elements of the fusible metal alloy type replaced while servicing a kitchen hood fire extinguishing system must bear the manufacturers date stamp which must be within one year of the date of the replacement The year of manufacture temperature and quantity for new fusible links must be listed on the service tag under service performed

(i) The disposable actuation cartridge replaced while servicing a kitchen hood fire extinguisher system must bear the date of replacement

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher the flag of the new tamper seal must bear the year it was attached The date must be imprinted or embossed on the flag of the new tamper seal Dates applied with a marker are not allowed

(k) All pre-engineered dry chemical fixed fire extinguishing systems installed in new remodeled or relocated protected areas after January 1 2006 must meet the minimum requirements of the second edition (1996) or more recent edition of Underwriters Laboratories Inc Standard 1254 Pre-engineered Dry Chemical Extinguishing System Units

sect34518 Fire Extinguisher Fixed System Plans for Other Than Pre -engineered Systems (a) A set of shop drawings and hydraulic calculations showing details of system piping calculations and alarm

configurations must be provided to the building owner or his representative when installation of a fixed extinguisher system protecting special hazards is complete The firm must also maintain a set of shop drawings for the life of the system

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 19 of 26

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 21: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

___________________________

(b) Subsequent alterations or additions must be legibly noted on updated plans and provided to the owner Additions to systems protecting previously unprotected hazards also require updated plans Updated plans mus t be maintained by the firm for the life of the system

(c) All shop drawings must bear the signature of a Type PL licensee his license number the date of installation and the certificate-of-registration number of the registered firm

(d) A rubber stamp may be used to supply the required information however a stamped signature is prohibited If a rubber stamp is used it shall produce an imprint 2 12 inches wide by one inch high all in boldface type and capital letters and in the following sample format

XYZ EXTINGUISHER CO 555 SPRING LANE

HOMEVILLE TEXAS 77777 ECR-0000

HB BROWN LICENSE NO EPL-0000

(Signature) (Date)

sect34519 Installation Labels for Fixed Extinguisher Systems (a) After an installation has been completed an installation label must be affixed to the control head or panel of

the fixed fire extinguisher system The signature of the licensee on the label certifies that the system has been installed according to law Labels must be five inches in height and four inches in width and must be of the gum label type They must not be red in color Installation labels must contain only the following information in the format of the label shown in subsection (b) of this section

(1) the inscription DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL --SYSTEM INSTALLATION RECORD (all in capital letters at least 10 -point boldface type)

(2) the firms name address and telephone number (3) the firms certificate-of-registration number (4) the signature and license number of the licensee authorized to certify a fixed fire extinguishing system

(a stamped signature is prohibited) (5) the date of installation and (6) identification of the manufacturers manual(s) used for installation

(b) Installation label

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 20 of 26

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 22: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

(c) Certificate of Installation

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 21 of 26

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 23: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

(d) After completion of the installation modification or addition of a fixed fire extinguisher system the licensee must complete an installation certificate in the format provided by the state fire marshal (see Certificate of Installation) When an installation certificate has been completed legible copies must be distributed as follows

(1) original to owner or posted on site at control head or panel (2) a copy to main authority having jurisdiction if required and (3) a copy to certifying firm to retain in their office for access by SFMO

sect34520 Service Tags (a) After any service a service tag must be completed in detail indicating all work that has been done

and then attached to the portable or fixed system in such a position as t o permit convenient inspection and not hamper its actuation or operation The signature of the licensee on the service tag certifies that the service performed complies with requirements of law

(b) A new service tag yellow tag or red tag as applicable must be attached each time service is performed

(c) Service tags must bear the following information in the format of the tag shown in subsection (g) of this section

(1) DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL (all capital letters at l east 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched) (7) type of work (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 22 of 26

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 24: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

(8) service performed (9) name and address of owner or occupant and (10) extinguisher type size and location

(d) Tags must be 5 14 inches in height and 2 58 inches in width Service tags must not be red in color (e) Tags may be printed and established for any five-year period (f) A service tag may be removed only by an authorized employee of a registered firm an employee of

the state fire marshals office or an authorized representative of a governmental agency with regulatory authority

(g) Service tag

Figure 28 TAC sect34520(g)

(h) Adhesive label type tags are permitted The label must bear all information required by subsection (c) of this section

sect34521 Red Tags (a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable the owner or the owners representative must be notified in writing of all impairments The registered firm must notify the owner or the owners representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone fax or email describing the impairments or deficiencies A copy of the written notice to the owner must be submitted to the AHJ within three business days A completed red tag must be attached to indicate that corrective action or replacement is necessary

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 23 of 26

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 25: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition The local AHJ must be notified when corrections are made and a red tag is removed or revised The notification must be postmarked emailed faxed or hand delivered within five business days of the removal of the red tag

(b) Red tags must be the same size as service tags (c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this

section (1) DO NOT REMOVE--EQUIPMENT IMPAIRED (all capital letters at least 10-point boldface

type) (2) firms name and address (3) firms certificate-of-registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) date (7) list of impairments and (8) name and address of owner or occupant

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service an employee of the State Fire Marshals Office or an employee of another governmental agency with regulatory authority

(e) Red tag

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 24 of 26

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 26: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

sect34522 Severability If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this subchapte r which can be given effect without the invalid provisions or application To this end all provisions of this subchapter are declared to be severable

sect34523 Savings Clause Each cause of action pending litigation matter in process before the commi ssioner or the state fire marshal or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provisions of statutes sections orders or official inte rpretations in effect at the time of the occurrence of the subject event

sect34524 Military Service Members Military Veterans or Military Spouses (a)

(b)

(c)

(d)

Waiver of licensed application and examination fees The department will waive the license application and examination fees for an applicant who is (1) a military service member or military veteran whose military service training or education substantially

meets all of the requirements for the license or (2) a military service member military veteran or military spouse who holds a current license issued by

another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state

Apprentice requirements Verified military service training or education that is relevant to the occupation will be credited toward the apprenticeship requirements for the license Extension of license renewal deadlines A military service member who holds a license is entitled to two yearsrsquo additional time to complete any continuing education requirements and any other requirements related to the renewal of the military service memberrsquos license Alternative licensing The state fire marshal after reviewing the applicantrsquos credentials may waive any

prerequisite to obtaining a license for a military service member military veteran or military spouse that (1) holds a current license issued by another jurisdiction that has licensing requirements that are

substantially equivalent to the requirements for the license in this state or (2) within the five years preceding the application date held the license in this state

sect34525 Yellow Tags (a) After any service of a pre-engineered fixed fire extinguishing system installed in accordance with NFPA 17

NFPA 17A or NFPA 96 of the adopted standards for the protection of commercial cooking areas if it is determined that the system is not in compliance with the minimum requirements of Underwriters Laboratories Inc Standard 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area (UL 300) a yellow tag must be completed in detail indicating all work that has been done and then attached to the system in such a position as to permit convenient inspection and to not hamper its actuation or operation The owner or the owners representative must be notified in writing that the system does not comply with UL Standard 300 and that the system may not extinguish a typical fire that a red tag shall be attached to the system after January 1 2008 and that the owner should consider replacing or upgrading the system before that time A copy of the written notice to the owner shall be postmarked e-mailed faxed or hand delivered to the AHJ within 5 business days The signature of the licensee on the tag certifies that the service performed complies with requirements of law

(b) The yellow tag shall be attached instead of a service tag (c) Tags must be 5 14 inches in height and 2 58 inches in width (d) Yellow tags must be yellow in color (e) Tags may be printed and established for a multiple period of years (f) A yellow tag may be removed only by an authorized employee of a registered firm who has corrected the

impairments and certified the service an employee of the state fire marshals office or an authorized representative of a governmental agency with appropriate regulatory authority

(g) Yellow tags must contain the following information in the format of the tag shown in subsection (h) of this section

(1) DO NOT REMOVE BY ORDER OF THE TEXAS STATE FIRE MARSHAL (all capital letters at least 10-point boldface type)

(2) firms name address and telephone number (3) firms certificate of registration number (4) licensees name and license number (5) licensees signature (a stamped signature is prohibited) (6) month and year (to be punched)

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 25 of 26

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 27: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

(7) type of work maintenance or service (to be punched) (8) the inscription SYSTEM DOES NOT COMPLY WITH STANDARD UL300 SYSTEM MAY NOT

EXTINGUISH A TYPICAL FIRE (all capital letters at least 10 -point boldface type) (9) the inscription This fire protection system may have met the nationally recognized testing requirements

at the time it was installed However recent changes to modern cooking appliances andor the cooking media may prevent the fire protection system from extinguishing a typical fire Since this system was not tested according to Underwriters Laboratories test Standard UL 300 it will be red tagged after January 1 2008 The owner should consider replacing or upgrading the system before that time

(10) name and address of owner or occupant and (11) service performed

(h) Sample Yellow tag

Substantive Sections Amended June 23 2016 Are Marked With A Vertical Line In The Margin

Summer 2016 TIC Chapter 6001 and Fire Extinguisher Rules State Fire Marshalrsquos Office Page 26 of 26

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 28: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

Texas Department of Insurance

State Fire Marshalrsquos Office Mail Code 112-FM

333 Guadalupe bull P O Box 149221 Austin Texas 78714-9221

512-305-7900 bull 512-305-7910 fax bull wwwtditexasgov

e-mail firemarshaltditexasgov

LICENSING INVESTIGATION COMPLAINT FORM Upon receipt the SFMO will give this complaint a case number and assign it to an investigator The investigator may contact you to obtain additional information This form may be mailed faxed or e-mailed to the State Fire Marshalrsquos Office

You may request a copy of the investigation report under the Open Records Act after the investigation has been completed A written request is necessary and may be submitted by mail fax e-mail or in person to the attention of the ldquoOpen Records Requestrdquo

PLEASE PRINT OR TYPE

YOUR INFORMATION Yo ur name Pho ne number for contact Employer (Optio nal)

Address (street address city state zip code) Date

ALLEGED VIOLATOR (Optional)

Company Name of Alleged Violator (optional) Registratio n Number (if known)

Individual Involved i n Alleged Violatio n(optio nal) License Number (if kno wn)

LOCATION OF ALLEGED VIOLATION (At least one location must be provided)

Name of property

Location address and city

Name of contact perso n and pho ne number (If kno wn)

BRIEF BACKGROUNDDESCRIPTION OF THE COMPLAINT (Attach additional sheets if necessary)

By submission of this form to the State Fire Marshalrsquos Office it is implied that the information herein is true and correct to the best of my knowledge

NOTICE ABOUT CERTAIN INFORMATION LAWS AND PRACTICES

With few exceptions you are entitled to be informed about the information that the Texas Department of Insurance (TDI) collects about you Under sections 552021 and 552023 of the Texas Government Code you have a right to review or receive copies of information about yourself including private information However TDI may withhold information for reasons other than to protect your right to privacy Under section 559004 of the Texas Government Code you are entitled to request that TDI correct information that TDI has about you that is incorrect For more information about the procedure and costs for obtaining information from TDI or about the procedure for correcting information kept by TDI please contact the Agency Counsel Section of TDIrsquos Legal amp Compliance Division at (512) 475-1757 or visit the Corrections Procedure section of TDIrsquos web page at wwwtditexasgov

SF224 Rev 0208 Licensing Investigatio n Complaint Form Page 1 of 1

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509

Page 29: Texas Insurance Code Chapter 6001 Fire Extinguisher ... ADMINISTRATIVE CODE TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter E. Fire

INSTALLING COMPANY

Addr ess

Fire Extinguisher System Installation Certification TEXAS STATE FIRE MARSHALrsquoS OFFICE

City Zip P O Box 149221 Phone

Company C ertificate of Registration Number

Austin TX 78714-9221

PROTECTED PROPERTY Name

Street Address

City Zip Owner or Owners representative instructed on system operation amp maintenance Yes No

Owners Rep if applicable

LOCAL AUTHORITY HAVING JURISDICTION Name

Street Address

City Zip

HAZARD ANALYSIS Name of area room building or hazard protected

Primary Class of Protected Hazard

Class A - Wood paper etc Class D - Combustible metals

Class B - Flammable liquids Explosives

Class C - Electrical equipment _________________________________________

Kitchen Hoods amp Appliance System Other Type Hazards Height Length Width Is hazard normally occupied

Overall Hood ft x ft x ft Yes No NA

Plenum ft x ft Size of Hazard

Exhaust duct perimeter in Total Volume cuft

Appliances Gas or or Total Area sqft Qty Protected Elect Length Width Height Length Width

Deep Fat Fryer in x in approx ft x ft x ft

Range in x in approx ft x ft x ft

Griddle in x in approx ft x ft x ft

Char Broiler in x in Area sealed to prevent agent loss

Radiant Broiler in x in Yes No NA

Upright Broiler in x in Number of room air changes per

in x in minute min NA

in x in Warning amp instruction signs posted

in x in Yes No NA

This system was inst alled in accordance with the following codes

NFPA _____________ Year __________ NFPA _____________ Year __________

________ _____________ Year __________ ________ _____________ Year __________

SYSTEM INFORMATION System Manufacturers Name Installation Manual UL Number

Design type Pre-engineered

If Pre-engineered Model Number Coverage Type Total Flooding

System Actuation Automatic

AirFan shutdown on actuation Yes

Design discharge rate or concentration level Design discharge time Seconds

AGENT INFORMATION Type of agent provided

Qty Storage cylinder Manufacturer

EQUIPMENT INFORMATION Initiating Devices

Qty Item Manufacturer

Fusible Links

Sprinkler Heads

Heat Detectors

Smoke Detectors

Other Fire Detectors

Manual Pull Stations

Nozzles Part No Qty

Interlock Item Manufacturer

Fan or AC Shutdown

Gas line Shut-off

Electric Shut-off

TESTING Method system was tested

I certify that this fixed fire extinguishing system has been tested and complies with the requirements of

Chapter 6001 of the Texas Insurance Code as amended and the fire extinguisher rules and adopted NFPA

Standards __________________ ____________

_____________________ _____________ Planning Superintendent amp License Number Signature of Licensee amp License Number Completion Date ____________________

Date

Engineered

Local App

Manual

No

Part No Amount of agent

Part No Temperature

Part No

Part No

Use the back of the form or

or additional

paper to

sketch the

piping

configurat ion

and device

location

Reproduce Form amp Distribute Original to Protected Premise Copy 1 to Installing Contractor

Copy 2 Authority having Jurisdiction Copy 3 State Fire Marshals Office

Form FML 010 January 1999 SF205 Rev 0509